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Case 3:11cv01056MDD Document 141 Filed 04/27/15-Page 1 of 5 BENNETT, AIRBORNE, FRIEDMAN 1 & BALING, P.C. Elaine A. Ryan (Admitted pro HAC vice) 2 Patricia N. Everson (203111) 2325 E. Camelback Road,

How to fill out motion to amend settlement

How to fill out a motion to amend settlement:

1. Begin by addressing the court. Start the motion by stating the name of the court, the case number, and the names of the parties involved.
2. Provide background information. Briefly summarize the settlement agreement that is being amended and explain why it is necessary to make amendments.
3. Clearly state the amendments you are seeking. It is important to be specific and detailed in describing the changes you want to make to the settlement. Include any supporting documents or evidence that may be relevant.
4. Explain the reasons for the requested amendments. Provide a clear and concise explanation of why the amendments are necessary. This can include changes in circumstances or new information that has come to light since the settlement was reached.
5. Provide legal justification. If applicable, include any relevant laws or legal precedents that support your request for amendments. This will help strengthen your argument and demonstrate that the changes you are seeking are justified.
6. Include a proposed amended settlement agreement. Attach a revised version of the settlement agreement that incorporates the requested amendments. This will help the court understand exactly what changes you are proposing.
7. Sign and date the motion. To make the motion legally valid, it is important to sign and date it at the end. This will confirm that the information provided is true and accurate to the best of your knowledge.
8. Serve the opposing party. Make sure to serve a copy of the motion to amend settlement on the opposing party or their attorney. This is typically done through certified mail or by having them officially served by a process server.
9. File the motion with the court. Submit the completed motion, along with any supporting documents, to the court clerk. Pay any required filing fees and keep a copy of the motion for your records.

Who needs a motion to amend settlement?

1. Parties to a settlement agreement: If you, as one of the parties involved, want to make changes to the settlement agreement that has already been reached, you will need to file a motion to amend the settlement.
2. Court approval: In many cases, the court's approval is required for any amendments to the settlement agreement. Therefore, filing a motion to amend settlement is necessary to seek the court's permission to modify the terms of the agreement.
3. Change in circumstances: A motion to amend settlement may be necessary if there has been a significant change in circumstances since the settlement was reached. This can include changes in financial situations, personal situations, or other factors that may impact the fairness or feasibility of the original settlement.
4. New information: If new information or evidence has come to light that was not available at the time the settlement was reached, a motion to amend settlement can be filed to include or address this new information in the agreement.
5. Disagreement between parties: If both parties in a settlement agreement agree to make changes to the original terms, a motion to amend settlement can be filed to formalize these changes and ensure that both parties are bound by the amended agreement.

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