DE · rules
Del. Fam. Ct. Civ. R. 70
Judgment for specific acts; vesting title; contempt
(a) Performance by substitute and other methods of procuring compliance. 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 noncompliant party by the Clerk of Court or by
some other person appointed by the Court if permitted by law and the act when so done has
the same effect as if done by the party. On application of the party entitled to performance,
the Clerk shall issue a writ of attachment or sequestration against the property of the
noncompliant party to compel compliance to the judgment if permitted by law. The Court
may also in proper cases adjudge the party in contempt. If real or personal property is within
the jurisdiction of the Court and if permitted by law, 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. The
provisions of this paragraph shall not be construed to replace any statutory authority granted
this Court to compel performance by a substitute.
(b) Contempt and other remedies for noncompliance of Court order. Except as otherwise
provided by law, for failure to obey a restraining or injunctive order, or to obey or to perform
any order, an attachment may be ordered by the Court upon the filing in the cause of an
affidavit showing service on the respondent, or that the respondent has knowledge of the
order and setting forth the facts constituting the noncompliance. At the hearing of the
attachment, the examination of the respondent and also of witnesses shall be oral before the
Court, unless it be otherwise ordered by the Court. In other proceedings taken in the name of
the State to punish contempt, the attachment may be ordered upon the filing of an affidavit
setting forth the facts constituting the contempt and thereupon the proceedings shall be as set
forth in the preceding paragraph of this Rule.
History
Amended July 1, 2020, effective Nov. 1, 2020.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
fee44c06e6def914b2d839a4964ca7cfe93fb496d71ec67cde8b83d5de215074
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