What Is A Rule 11 Agreement under Texas Law?

In Texas, a "Rule 11 Agreement" refers to an agreement between parties in a legal case that is governed by Rule 11 of the Texas Rules of Civil Procedure. This rule sets out requirements for agreements made between attorneys or parties concerning any aspect of a lawsuit, including settlement agreements. Key aspects of Rule 11 agreements in Texas:

1. In Writing: Rule 11 agreements must typically be in writing and signed by the parties or their attorneys to be enforceable.
2. Filed with the Court: Generally, Rule 11 agreements are filed with the court where the lawsuit is pending. This ensures that the agreement is enforceable and can be enforced by the court if necessary.
3. Binding: Once properly executed and filed, Rule 11 agreements are binding on the parties involved. This means that parties are legally obligated to comply with the terms of the agreement.
4. Enforceability: Rule 11 agreements are enforceable like any other contract under Texas law. If a party fails to comply with the terms of the agreement, the other party may seek enforcement through the court.
5. Scope: Rule 11 agreements can cover various aspects of a lawsuit, including settlement agreements, stipulations regarding evidence, procedural matters, or any other issues relevant to the case.

Is Your Rule 11 Agreement Enforceable?

Texas rule of Civil Procedure 11 provides that no agreement between attorneys or parties touching any suit pending will be enforced unless it is in writing, signed, and filed with the papers as part of the record or unless it is made in open court and entered of record. The courts hold a Rule 11 agreement enforceable to any contract relating to litigation. The agreement’s primary purpose is to ensure that the agreements of counsel affecting the interest of the parties are not faulty and that the agreements themselves do not cause controversy. Once the agreement has been negotiated, papered, and filed with the court, the parties are bound.

Can You Withdraw Consent On A Rule 11 Agreement?

While it is possible, it is difficult and can be costly. If you decide to revoke consent, it must be done before the rendition of judgment, and even then, a court is not precluded from enforcing the agreement after it has been repudiated by one of the parties. Ultimately, a Rule 11 agreement aims to move the parties into a mutual understanding that would not later need to be withdrawn from.

Rule 11 Requirements in Texas

By law, a Rule 11 agreement must be “in writing” and “signed.” However, a valid and enforceable agreement can be “signed” electronically and/or signed by an attorney for the parties. Texas has adopted the Uniform Electronic Transactions Act, which states “if the law requires a signature, an electronic signature satisfies the law,” meaning that the court holds your electronic signature as signed writing in the Rule 11.

Texas Rule 11 Agreement Attorney

The attorneys here at Wilson Whitaker Rynell are equipped to handle all matters regarding entering into a Rule 11 Agreement. If you are looking for an attorney that is experienced and prepared to carry your best interest at the forefront, we are ready to assist you in your legal affairs. Please contact our office for a free consultation.