What Are "Rule 11 Agreements" in Texas

It’s not uncommon for family law cases to involve something called “Rule 11 Agreements.” These agreements can be utilized at any point in the course of your case. So, understandably, as you prepare to handle your legal matter, you may be wondering what Rule 11 Agreements are and how they may be used.

Rule 11 Agreements in Texas

Those participating in a lawsuit in Texas are able to enter into agreements about that lawsuit either as a whole or about one single issue only. Rule 11 Agreements can be entered into on any subject matter of the lawsuit, however, they must be in writing.

Forming a valid Rule 11 Agreement in Texas

There are a couple of ways to enter into a Rule 11 Agreement. In order to form a valid Rule 11 Agreement, the said agreement must be in writing. It must also be signed by both parties and lawyers (if applicable) and filed with the court.

Another way to enter into a Rule 11 Agreement is to read your agreement into the court’s record during a live hearing or proceeding.

Something to note: Texas law recognizes electronic signatures. It is possible to enter into a Rule 11 Agreement via email communication. Texas courts could use that email communication to enforce “signed writing” within the Rule 11 context.

Using a Rule 11 Agreement

You can use a Rule 11 Agreement regarding any issue you are discussing as a party to a lawsuit. Rule 11 Agreements must be something the parties and their lawyers (if applicable) enter into voluntarily. It’s actually encouraged by the courts for parties to make an attempt to reach an agreement.

Rule 11 Agreements and Custody, visitation & child support

You may be wondering whether you can utilize Rule 11 Agreements in regards to child custody, visitation, and child support. The simple answer is yes. You can enter into a Rule 11 Agreement to address complex settlement terms concerning any parenting provisions.

Drafting a Rule 11 Agreement

If you choose to enter into a Rule 11 Agreement, you may opt to have a lawyer prepare the agreement for you and/or review it before you sign it. If you are not already working with an attorney regarding your legal matter, you may choose a limited scope representation arrangement with the attorney.

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