Short answer. A certified copy of the judgment is attached to the writ of execution and served by the officer on the party (or other person) required to obey it. If that party disobeys the judgment, they may be punished for contempt.
What the law says
When a judgment requires the performance of any act other than those mentioned in the two preceding sections, a certified copy of the judgment shall be attached to the writ of execution and shall be served by the officer upon the party against whom the same is rendered, or upon any other person required thereby, or by law, to obey the same, and such party or person may be punished for contempt if he disobeys such judgment.
Rule 39, Section 11 — Execution of special judgments. Read the full provision →
What counts as a special judgment
Section 11 applies where a judgment requires the performance of some act other than those already addressed by the two preceding sections of the Rule, meaning judgments that order something other than a straightforward payment of money or delivery of property covered elsewhere in the Rule. These are judgments directing a party to actually do, or refrain from doing, something specific. A judgment ordering someone to execute a deed, demolish a structure, or perform some other act personal to them is exactly the kind of judgment this section is built to enforce.
How it is served
To enforce that kind of judgment, a certified copy of it is attached to the writ of execution and served by the officer upon the party against whom the judgment is rendered, or upon any other person who is required, whether by the judgment itself or by law, to obey it. Attaching the certified copy to the writ ensures the person being served can see, directly from the document itself, exactly what act the judgment requires of them. Extending service to any other person required by the judgment or by law to obey it also means the obligation is not limited only to the named losing party, where the judgment or a statute places a duty to comply on someone else as well.
Consequence of disobedience, and why contempt rather than seizure
A party or person served who then disobeys the judgment may be punished for contempt of court. This is different from how a money judgment is enforced, because there is no property to simply seize that would substitute for the ordered act; compelling actual compliance through the contempt power is the mechanism the Rule relies on instead. The contempt power gives the court a way to compel compliance even where seizing property would do nothing to accomplish what the judgment actually requires the party to do.
Related provisions
- Rule 39, Section 11 — Execution of special judgments
- Rule 39, Section 10 — Execution of judgments for specific act
- Rule 39, Section 12 — Effect of levy on execution as to third persons