Consent Decree

A final judgment of a court entered by agreement of the parties. A consent decree terminates litigation but binds only the parties, not persons who were not parties to the litigation.

— William M. Wiecek

"the contract of the parties entered upon the record with the approval and sanction of a court of competent jurisdiction, [which] contract cannot be nullified or set aside without the consent of the parties thereto, except for fraud or mistake . . ." 78 S.E. 2d 323, 326. Consent judgments have the same force and effect as any other judgment. 47 Am. Jur. 2d, Judgments §1088. Because the agreement of the parties waives exception to irregularities in the proceedings occurring prior to the time of agreement, appeal from a consent judgment is limited to attack for mistake, fraud, or lack of jurisdiction. 89 P. 2d 624, 629; 69 A.L.R. 2d 755. Since a consent judgment is contractual in nature, it should be construed as a written contract. 47 Am. Jur. 2d Judgments §1085.

consent decree the equitable counterpart of consent judgment. However, as a decree, it is only as binding as any other equitable remedy. For instance, in antitrust cases, the court has the power to modify a consent decree according to changing circumstances. 286 U.S. 106. See also decree [consent decree].

consent order generally, any court order to which the opposing party agrees; in antitrust law, an agreement between the Federal Trade Commission and a party being investigated whereby the party consents to cease activities that could be the subject of an antitrust action and the FTC refrains from initiating suit. 16 C.F.R. §§2.31-2.35 (1977).

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