Law & Legal & Attorney Contract Law

Consent to Settlement of Third Party Claims

    Third Parties

    • Often in civil trials, there will be more than two parties. There may, for example, be more than one plaintiff with cases against a defendant or one plaintiff may have a case against more than one defendant. Additionally, a third party may an action against another party in the case, such as a defendant having an action against another defendant. These are called cross-claims and governed by Rule 13 of the Federal Rules of Civil Procedure.

    Consent to Settlement

    • Most civil trials end in a settlement in which two parties -- usually a plaintiff and a defendant -- negotiate a deal rather than continue with a trial. These two parties will write out the agreement that is presented to the court and, typically, the court must sign off on the settlement, which then becomes binding on the two parties. The court's resolution is a "consent judgment."

    Consent Judgment in Third Party Disputes

    • In a case in which multiple parties have different claims against each other, two of those parties may settle. If, for example, a second plaintiff resolves his differences with the primary defendant, they may agree to settle. Provided that the plaintiff has no other interests in the case, they may leave the trial provided that the court consents to the settlement.

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