Section 1 Rule 70 Rules of Court

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Section 1 Rule 70 Rules of Court

(b) Acquisition Securities. If the property or personal property is situated in the district, the court – instead of ordering a transfer – may render a judgment stripping part of its title and transferring it to others. This judgment has the effect of a transfer which has become final. Compare fairness rules 7 (procedures, mesne and finals), 8 (enforcement of final orders) and 9 (support order). To avoid possible confusion, the old and new terms for seizure (sequestration) and execution (medium) are generally used in this rule. Compare with the provision of this rule that judgment itself may confer titles, 6 Tenn.Ann.Code (Williams, 1934), § 10594; 2 Conn.Gen.Stat. (1930), § 5455; N.M.Stat.Ann. (Courtright, 1929), § 117-117; 2 Ohio Gen.Code Ann. (Page, 1926), §11590; and England, Supreme Court of Judicature Act (1925), §47. Rule 70 allows for the use of remedies, which are essentially remedies for the enforcement of equitable decisions. This will ensure prompt compliance with the obligations set by the court. The question of whether the court should order a judgment is raised by a motion and not by a request for directions. (e) Contempt.

The court may also disregard the disobedient party. If a judgment orders a party to make a transfer of immovable property or to deliver deeds or other documents, or to perform any other specific act, and the party fails to comply within the time limit, the court may order that the act be performed at the expense of the disobedient party by another person designated by the court, and the act, If this happens, it has the same effect as that of the party. At the request of the beneficiary, the Registrar shall make an order of seizure against the property of the disobedient party in order to compel to obey the judgment. The court may also disregard the party in appropriate cases. If real or personal property is situated in the Commonwealth, the court may, instead of ordering its transfer, make a judgment depriving one party of its title and transferring it to others, and such judgment has the effect of a transfer made in the proper form of the law. If an order or judgment is for the repossession of possession, the party in whose favour it is registered is entitled to an order of execution on application to the registrar. (a) the Party`s inaction; Command someone to act. If a judgment requires a party to transfer land, deliver a deed or other document, or perform any other specific act, and the party fails to comply within the time limit, the court may order that the act be performed by another person designated by the court, at the expense of the disobedient party. When this is done, the act has the same effect as if it were performed by the party.

(1973) Rule 70 is, with some minor modifications, the same as Federal Rule 70. Previous practice in Massachusetts regarding the enforcement of judgments for certain acts was generally less permissive and did not provide for further enforcement by a court-appointed person. G.L. v. 183, §§ 43, 44 operates identically to the part of Article 70 concerning the transfer of ownership of immovable property «to the party empowered to do so by decree». However, rule 70 also applies to personal property. (d) obtaining an order for enforcement or assistance. At the request of a party who obtains a judgment or order of possession, the clerk must make an order of execution or assistance.

(1996) With the merger of the district court regulations to form Mass.R.Civ.P. 70 and Dist./Mun.Cts.R.Civ.P. 70 were eliminated. These differences concerned judgements on certain types of equitable remedies which do not fall within the jurisdiction of the District Court. The elimination of these differences does not extend the jurisdiction of the District Court. See Article 82. Requests for directions or rulings in jury or jury proceedings or hearings must be made in writing prior to closing arguments, unless special leave is granted to make applications at a later date. (c) obtaining an order of seizure or seizure. At the request of a party authorized to perform an act, the Registrar must make an order of seizure or seizure against the property of the disobedient party in order to compel obedience.

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