Sample Friendly Suit

When you settle a large case with a minor in Maryland, the parties typically file what is called a “friendly suit” advising the court of the settlement – and asking the court to bless the agreement.

Maryland law does not require this. This does not, naturally, stop defense lawyers from demanding that you file a friendly suit. They do it this way because, arguably, the law required it before 2004 and because they think – probably incorrectly – that a judge’s blessing gives them more protection in the event that the minor seeks to disavow the settlement.

To file a friendly suit, you file your lawsuit along with a joint motion for settlement and a draft order for the court to sign. You can see examples of these by clicking on the preceding links.

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Laura G. Zois

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