§70.5 Purpose and Procedure

• Jurisdiction: Washington

§70.5PURPOSE AND PROCEDURE

The following section describes the reasons why CR 70 has been adopted and outlines the basic procedural steps that must be employed to obtain the remedies provided by the rule.

(1)Purpose

The purpose of CR 70 is straightforward. When a final judgment of the court requires a party to perform a specific act, and that party fails to comply, the court may implement its judgment by the methods set forth in the rule. There are five specifically described remedies:

(1) Upon a party's failure to convey land or perform some other specific act required by the judgment, the court may direct another person to do so.

(2)Instead of directing another person to convey land located within the state, the court may enter a judgment vesting title.

(3)On application of the party entitled to performance of an act, the clerk must issue a writ of attachment (sequestration) against the property of the disobedient party to compel obedience to the judgment.

(4)On application of a party who obtains an order or judgment for possession, the clerk must issue a writ of execution (assistance).

(5)The court may hold the disobedient party in contempt.

CR 70 is part of the spectrum of authorities empowering courts to make their orders and decrees effective. RCW 2.28.150 provides as follows:

When jurisdiction is, by the Constitution of this state, or by statute, conferred on a court or judicial officer...