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Under Missouri law, ?a motion to enforce settlement is a collateral action which imposes on the party seeking specific performance 'the burden of proving, by clear, convincing and satisfactory evidence, his claim for relief.
A motion to enforce a settlement agreement is where we are asking a court to enforce the terms of a settlement ? to make the defendant do what the defendant promised when it settled. A case gets settled and sometimes we don't have the settlement agreement already finalized.
Under Missouri law, ?a motion to enforce settlement is a collateral action which imposes on the party seeking specific performance 'the burden of proving, by clear, convincing and satisfactory evidence, his claim for relief.
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.
Where one party has breached the settlement agreement, the other party may: Seek to enforce those terms; and/or. Seek damages by bringing a breach of contract claim.