In the United States, a friendly suit is most often used when two parties desire or require judicial recognition of a settlement agreement, and so one sues the other despite the lack of conflict between them.
The law condones this practice because there are several benefits to settling a lawsuit as opposed to settling a claim outside of a lawsuit. First, if one of the parties to the claim is a minor, they usually cannot settle the claim without the appointment of a guardian ad litem to review and accept the settlement. Once the suit is filed, and the settlement is reviewed by the ad litem who considers the best interest of the child, after which the parties can then file a joint motion for the court to render judgment, which would then be binding on all parties regardless of their minority.
When there is a judgment, the parties also gain the defense of res judica if sued again on the same topic.
Friendly suits are generally prohibited in the Article III courts of the United States. As in United States v. Johnson, 319 U.S. 302 (1943). In practice, however, friendly suits are rarely explicitly described as such, and they could easily slip into the judicial system through some casual omissions.
Famous quotes containing the words friendly and/or suit:
“The surprise of animals... in and out, cats and dogs and a milk goat and chickens and guinea hens, all taken for granted, as if man was intended to live on terms of friendly intercourse with the rest of creation instead of huddling in isolation on the fourteenth floor of an apartment house in a city where animals occurred behind bars in the zoo.”
—Elizabeth Janeway (b. 1913)
“Selflessness is like waiting in a hospital
In a badly-fitting suit on a cold wet morning.
Selfishness is like listening to good jazz
With drinks for further orders and a huge fire.”
—Philip Larkin (1922–1986)