Virgin Islands Motion to Enforce Settlement
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How to fill out Motion To Enforce Settlement?
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FAQ
Under §664.6, a court may enter judgment on a settlement, and retain jurisdiction to enforce, when the parties "stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case." By requiring the affirmative participation of the litigants, the ...
Code of Civil Procedure §664.6 previously authorized a court, upon motion, to enter a judgment in pending litigation pursuant to the terms in a settlement agreement if the parties signed a document stipulating to settle outside of the presence of the court.
The amended Section 664.6 authorizes attorneys for parties in civil litigation to sign a stipulated settlement agreement on behalf of their clients, which may be convenient under certain circumstances. But don't overlook the remaining strict requirements.
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.
The court can enforce a settlement pursuant to Code of Civil Procedure §664.6 if the parties state in the settlement agreement that the court will reserve jurisdiction.
The District Court of the Virgin Islands is a federal court that has jurisdiction over the territory of the Virgin Islands of the United States. It was established by the Organic Act of 1936. Appeals of the court's decisions are heard by the United States Court of Appeals for the 3rd Circuit.
