Idaho Motion to Enforce Settlement
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FAQ
If you can prove that a settlement is flawed, you can have it overturned. If a settlement agreement is signed under duress or deception, it might not be legal. A settlement agreement may also be revoked due to a mistake made by both parties or a false statement made by the other party.
Motions to Enforce Then, if one party is not complying with the settlement agreement, the other party may file a motion to enforce the agreement. In the motion, the party asks the court to enter a judgment pursuant to the settlement's terms. This applies when the settlement agreement is reached in pending litigation.
In the event that there is a breach of a settlement agreement the offended party can: Initiate a civil claim in connection with the breach. Seek intervention by the court that would have had jurisdiction over the original dispute.
Aside from the obvious threat of having a malpractice action filed against you, you could face (1) a potential Rule 60(b) motion, where the court retains jurisdiction, the settlement monies are returned, and the case is reopened; (2) a motion to reopen based on fraud on the court, which likewise reopens the action and ...
If you can prove that a settlement is flawed, you can have it overturned. If a settlement agreement is signed under duress or deception, it might not be legal. A settlement agreement may also be revoked due to a mistake made by both parties or a false statement made by the other party.
If a party breaches the terms of the agreement, the other can bring a motion to enforce the consent to judgment. A consent to judgment can be an invaluable part of a mediated or negotiated settlement agreement since it disincentives a potential breach. It also makes enforcement more expeditious and less expensive.
