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Motion to Enforce Settlement - Free Editor

[COURT NAME]
[COUNTY], [STATE]

[PLAINTIFF NAME], )
Plaintiff, ) Case No. [CASE NUMBER]
v. )
[DEFENDANT NAME], )
Defendant. )

MOTION TO ENFORCE SETTLEMENT

NOTICE OF MOTION AND MOTION

PLEASE TAKE NOTICE that on [HEARING DATE] at [TIME], or as soon thereafter as counsel may be heard, [MOVING PARTY] will and hereby does move the Court for an order enforcing the settlement agreement reached on [DATE].

MEMORANDUM OF POINTS AND AUTHORITIES

I. Introduction

The parties entered a valid and enforceable settlement agreement that resolves this action. [OPPOSING PARTY] has failed to perform the agreed terms.

II. Background

Settlement reached: [DATE]
Material terms: [SUMMARY]
Evidence of assent: [WRITTEN AGREEMENT/EMAILS/ON-THE-RECORD STATEMENTS]
Breach or nonperformance: [SUMMARY]

III. Legal Standard

Courts may enforce settlement agreements when the parties have agreed to all material terms. A settlement is enforceable under ordinary contract principles.

IV. Argument

A. The parties formed a binding settlement.
[Explain offer, acceptance, and material terms.]

B. The settlement terms are clear and enforceable.
[Explain specificity and mutual assent.]

C. [OPPOSING PARTY] breached the settlement agreement.
[Describe the failure to perform.]

V. Requested Relief

[MOVING PARTY] respectfully requests that the Court:
1. Enforce the settlement agreement attached as Exhibit A.
2. Enter judgment consistent with the settlement terms.
3. Award fees or costs if authorized by the agreement or law.

CONCLUSION

For the foregoing reasons, the Court should grant the motion to enforce settlement.

Respectfully submitted,

text
Dated: [DATE]

______________________________
[ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for [MOVING PARTY]

CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing Motion to Enforce Settlement on all counsel of record via [METHOD OF SERVICE].

text
______________________________
[ATTORNEY NAME]

[PROPOSED] ORDER

The Court, having considered the Motion to Enforce Settlement, ORDERS as follows:
1. The settlement agreement dated [DATE] is enforced.
2. [OPPOSING PARTY] shall perform the following obligations by [DATE]: [LIST OBLIGATIONS].
3. Judgment is entered consistent with the settlement terms.

IT IS SO ORDERED.

Dated: [DATE]

__________________________________
[JUDGE NAME]
[STATE] Judge

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