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Once an attorney determines that an order was previously entered on a particular matter and the opposing party has not complied with that order within a reasonable time, then the attorney may move the court to address the issue.
There are various types of motions an attorney has at their disposal depending on the type of order and relief sought. However, no matter what motion is filed, very often there will also be a request for the non-moving party to pay the attorney’s fees and costs for having to seek enforcement.
A Court may handle enforcement issues based on certain facts: if the party did not follow the order because they had no ability or because compliance was impossible, then the Court may be more understanding than if the noncompliance was found to be willful or intentional.
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