CO · rules
C.R.C.P. 70
Judgment for Specific Acts; Vesting Title
If a judgment directs a party to execute a conveyance of land or 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 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 the district, 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 or assistance upon application to the clerk.
History
ANNOTATION Law reviews. For note, ‘‘Decrees in Rem Under the New Rules’’, see 13 Rocky Mt. L. Rev. 140 (1941). This rule does not apply in situation where party holding title to leases is willing to vest title and party held to have lawfully contracted for such leases is unwilling to take them. Schnier v. District Court, 696 P.2d 264 (Colo. 1985). This rule offers relief only when there is noncompliance with an order issued by the court. The rule can not provide relief if there is no previous order for the action. In re Dauwe, 97 P.3d 369 (Colo. App. 2004). A Colorado court may invoke its equitable authority under this rule to enforce a judgment for attorney fees awarded under 42 U.S.C. § 1983. Duran v. Lamm, 701 P.2d 609 (Colo. App. 1984). A trial court has authority under this rule to enter a judgment divesting title of defen- dant to the subject property and vesting it in the claimants. AA Constr. Co. v. Gould, 28 Colo. App. 161, 470 P.2d 916 (1970). Failure of the general assembly to act to satisfy a judgment sufficiently expressed its unwillingness to comply with the valid judg- ment of the trial court justifies invocation of this rule. Duran v. Lamm, 701 P.2d 609 (Colo. App. 1984). Applied in Circle Sav. & Loan Ass’n v. Nor- ton, 28 Colo. App. 167, 471 P.2d 625 (1970).
Provenance
- Source
- content.leg.colorado.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
4a1700c9701b8f15cccf0ad45d388359c8875eda8f50a7227c0e53a008a278aa
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