Short answer. Yes. After taking your oath of office and executing any required official bond, you may assume the office and demand from the ousted respondent all books and papers relating to it; refusal can be punished as contempt, and you may also sue separately for damages from the usurpation.

What the law says

If judgment be rendered in favor of the person averred in the complaint to be entitled to the public office he may, after taking the oath of office and executing any official bond required by law, take upon himself the execution of the office, and may immediately thereafter demand of the respondent all the books and papers in the respondent's custody or control appertaining to the office to which the judgment relates.

Rule 66, Section 10 — Rights of persons adjudged entitled to public office; delivery of books and papers; damages. Read the full provision →

Two conditions before taking office

A person adjudged entitled to the public office does not simply step into the role the moment judgment is rendered. Two conditions come first: taking the oath of office, and executing any official bond required by law for that particular position, before actually taking upon themselves the execution of the office. These formalities mirror what anyone assuming that same office would ordinarily have to complete, win or lose, regardless of how they came to hold the position. Skipping either step could leave the newly confirmed office holder's own authority open to question by third parties dealing with the office.

Demanding the office's books and papers

Once those conditions are met, the newly confirmed office holder may immediately demand from the ousted respondent all the books and papers in that respondent's custody or control which pertain to the office covered by the judgment, so the transition of records happens without delay. This lets the new office holder pick up the office's ongoing business without waiting for a separate, drawn-out turnover process to conclude first. Without this demand right, the new office holder could be left unable to perform the duties of the position simply because the prior occupant kept hold of the relevant files.

Enforcement and a separate damages remedy

If the respondent refuses or neglects to deliver any book or paper on demand, they may be punished for contempt as having disobeyed a lawful court order. Separately, the person adjudged entitled to the office may also bring an action against the respondent to recover damages sustained because of the usurpation itself, giving the rightful office holder two distinct avenues of recourse against an uncooperative predecessor. Together, contempt and a damages action give the rightful office holder real leverage against a predecessor who tries to obstruct the transition out of spite or self-interest.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.