Haw. Prob. R. 35

As amended through September 30, 2024
Rule 35 - Order for Specific Acts; Vesting Title

If an order 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 does not comply within the time specified, the court may direct the act to be done at the cost of such party by some other person appointed by the court, which will have the same effect as if done by the party. On petition of the party entitled to performance, the clerk shall issue a writ of attachment or sequestration against the property of the disobedient party to compel obedience to the order. The court may also in proper cases adjudge the party in contempt. If real or personal property is within the state, the court in lieu of directing a conveyance thereof may enter an order divesting the title of any party and vesting it in others and such order has the effect of a conveyance executed in due form of law. When any order 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.

Haw. Prob. R. 35

COMMENTARY:

This conforms to the Rules of Civil Procedure.