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Merger doctrine (civil procedure)

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Merger doctrine (civil procedure)

The merger doctrine in civil procedure stands for the proposition that when litigants agree to a settlement, and then seek to have their settlement incorporated into a court order, the court order actually extinguishes the settlement and replaces it with the authority of the court to supervise the behavior of the parties. Under this doctrine, the court is free to modify its order as necessary to achieve justice in the case, and may hold a party that breaches the agreement in contempt of court.

References

  • (Defining the merger doctrine in civil procedure)

See also


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