Abatement of Litigation Agreement
This agreement sets forth the terms by which two parties agree to
terminate pending litigation between them. It contains both
standard clauses as well as opportunities for customization to
ensure the parties agreement is properly set forth. The form is for
use by attorneys on behalf of their client or a party to a litigation
being abated under an agreement.
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your own attorney.
ABATEMENT OF LITIGATION AGREEMENT
This Agreement, entered into as of this ___ day of ___, 20__ [Instruction: Insert date.] by and
between _____, [Instruction: Insert name of Plaintiff.] (“Plaintiff”), and _____ [Instruction:
Insert name of Defendant.] (“Defendant”), sets forth the following agreement between the
parties.
WHEREAS, the parties are currently litigating a disputed matter in the _____, case number
_____; [Instruction: Insert applicable court filing information.] and
WHEREAS, the matter contains disputed issues of fact; and
WHEREAS, the parties mutually desire to terminate the litigation in order to avoid further
litigation expenditures.
NOW THEREFORE, in consideration of this Agreement and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows.
1. _____________________________ [Instruction: Set forth the terms of the parties’
agreement.]
2. The parties agree to abate the above-mentioned litigation under the following terms:
A. the case shall not be dismissed for failure to prosecute during the term provided for
payment;
B. this Agreement may be filed by either party if necessary to enforce any or all of the
terms of this Agreement;
C. in the event that the Defendant fails to pay as is agreed, the Plaintiff shall be entitled
to obtain a judgment for any remaining balance upon ex parte application, the
Defendant specifically waiving notice of application for judgment and settlement of
the form of judgment;
D. within thirty calendar days after satisfactory performance of all obligations hereunder,
the above-mentioned litigation shall be dismissed by Plaintiff with prejudice in the
court having jurisdiction over this matter;
E. upon dismissal of the above-mentioned litigation, Plaintiff shall not be permitted to
bring any other future suit agai