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:
“This monument, so imposing and tasteful, fittingly typifies the grand and symmetrical character of him in whose honor it has been builded. His was “the arduous greatness of things done.” No friendly hands constructed and placed for his ambition a ladder upon which he might climb. His own brave hands framed and nailed the cleats upon which he climbed to the heights of public usefulness and fame.”
—Benjamin Harrison (1833–1901)
“Other men wear white suits in summer and it doesn’t seem to bother them. But my white suit seems to be a little whiter than theirs. I think also that it may have something written on the back of it, although I can’t find it when I take the suit off.”
—Robert Benchley (1889–1945)