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:
“I never rebel so much against France as not to regard Paris with a friendly eye; she has had my heart since my childhood.... I love her tenderly, even to her warts and her spots. I am French only by this great city: the glory of France, and one of the noblest ornaments of the world.”
—Michel de Montaigne (1533–1592)
“The people needed to be rehoused, but I feel disgusted and depressed when I see how they have done it. It did not suit the planners to think how they might deal with the community, or the individuals that made up the community. All they could think was, “Sweep it away!” The bureaucrats put their heads together, and if anyone had told them, “A community is people,” they would not have known what they were on about.”
—May Hobbs (b. 1938)