The majority of cases where a rule 11 agreement is reached can be found in the area of family law and specifically divorce and custody cases. The nature of a Texas rule 11 agreement is such that the two parties want a fair deal without causing undue grief on the other. By reading the following, you will understand the circumstances surrounding rule 11 agreement cases.
Before continuing, it is important to note that an attorney is needed to help even when rule 11 is invoked. If you have a lawsuit pending, you probably already have a family law attorney, but ensure that your attorney understand the benefits of a rule 11 agreement.
What is a Rule 11 Agreement
A Texas Rule 11 agreement is a rule of procedure that states an agreement between attorneys can be enforceable under two specific circumstances. The first circumstance that would make rule 11 Texas enforceable is if it is in writing, and the second is if it was filed in the papers of the court or made in open court.
For the purposes of family law, and specifically custody cases or divorce, a rule 11 agreement divorce is simply an agreement between the two parties that allows the divorce to be finished without spending as much time in court. The same thing is true for custody proceedings.
A rule 11 agreement in Texas is only valid in the case of a pending lawsuit and is not the same thing as a compromise or settlement reached prior to filing. For instance, a rule 11 agreement child custody is when two parties with a pending lawsuit come to an agreement in writing and filed in the court. A rule 11 agreement letter would be the letter filed with the court spelling out the terms of the agreement.
Enforcing Texas Rule 11
For rule 11 agreement Texas to be enforceable and to reach the rule 11 definition, three things must be true. It must be clear and unambiguous. This means that it must be able to be reflected in a judgement. The rule 11 agreement Texas form must be in writing, signed, and filed. And the rule 11 agreement form must be filed with the court of record for that particular lawsuit.
Even if all of these stipulations are present, a rule 11 Texas rules of civil procedure agreement is revocable until such time as judgement is rendered. Even if there is a phrasing within the agreement that states the trcp rule 11 is irrevocable, it is still revocable by the judge until the end.
So if a rule 11 agreement is revocable, then what is rule 11 really? If a judge can deny it, if it is just procedural, and if it does not hold legal standing when it is signed initially, then what does it do. A Texas rule 11 agreement is simply an understanding between two parties who do not want their dispute to be left up to a third party. A rule 11 agreement in Texas is one that allows two parties who may seem far apart on certain issues, to still come to a viable conclusion without having to cause unneeded grief.