Rule 70.Judgment for Specific Acts; Vesting Title

Last amended July 1, 1970 · Last verified July 1, 2026

In one sentenceRule 70 lets a court compel a disobedient party to perform a court-ordered act, such as executing a deed, by having someone else do it at the disobedient party's expense, treating the substitute's act as if the original party had done it, and preserving contempt and execution as backup remedies.

Full Text of Rule 70

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If a judgment directs a party to execute a conveyance of land, to transfer title or possession of personal property, to deliver deeds or other documents, or to perform any other specific act, and the party fails to comply within the time specified, the court may, where necessary, direct the act to be done at the cost of the disobedient party by some other person appointed by the court, and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the clerk shall issue a writ of attachment against the property of the disobedient party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. If real or personal property is within this state, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others, and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution upon application to the clerk.

End

Amendment History

Effective Date: July 1, 1970

Plain-English Summary

When a judgment directs a party to execute a conveyance of land, transfer title to or deliver possession of personal property, or perform any other specific act, and the party fails to comply within the time the court sets, the court may direct the act to be done by someone else the court appoints, at the disobedient party's cost. Once done, that act has the same effect as if the disobedient party had performed it. When the judgment involves real or personal property within Ohio, the court may instead divest title from one party and vest it in another, and the judgment itself operates as a conveyance without anyone needing to sign anything.

On the application of the party entitled to performance, the clerk must issue a writ of attachment against the disobedient party's property to compel compliance, and the court may also hold that party in contempt. When a judgment or order calls for delivering possession, the party entitled to it may apply to the clerk for a writ of execution.

Frequently Asked Questions

What happens if a party refuses to sign a deed a court has ordered?

The court may appoint someone else to execute the deed at the disobedient party's expense, and that act has the same legal effect as if the party had signed it.

Can a judgment itself transfer title to real estate in Ohio without anyone signing a deed?

Yes, for property located within Ohio, the judgment may divest title from one party and vest it in another directly, operating as a conveyance in its own right.

What can a party do if the other side won't comply with an order to perform an act?

Apply to the clerk for a writ of attachment against that party's property, and ask the court to hold the disobedient party in contempt.

Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 70). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: specific performancejudgment vesting titlewrit of attachment