Lawyers practising law in Texas courts are undoubtedly familiar with the Texas Rule of Civil Procedure 11, commonly referred to as the “Rule 11 Agreement.” The section 11 agreement can apply to many aspects of an appeal, from extending the time limit for objection and response to written investigations, to more complex billing conditions. Since the parties can reach an agreement under Rule 11 on virtually any aspect of the process, it is essential to fully and accurately understand the right steps to reach a Rule 11 agreement – and to enforce an agreement after an infringement. The ability of a party to reconsider a prior agreement depends on the form of the agreement, as stated above, and whether or not the agreement was tabled in court and is otherwise in accordance with Rule 11. Section 11 of the Texas Rules of Civil Procedure regulates transaction agreements and their revocation for all types of civil lawsuits, not just family law. Simply put, “an agreement within the meaning of Article 11 is nothing more than a treaty that meets the provisions of Article 11 of the Texas Code of Civil Procedure.” In re E.S.S., 131 S.W.3d 632, 640 (Tex. App.-Fort Worth 2004, no pet.) The rule states that “no agreement is applied between lawyers or parties involved in a pending action, unless it is signed in writing, signed and filed with the documents under the protocol, or unless it is concluded in open court and entered into the record. Tex. Rules Civ. Pro. 11.
Although an agreement under Rule 11 “cannot be used as the basis for an agreed judgment if a party withdraws its consent before the court has rendered a judgment,” the attempt to revoke the agreement under Rule 11 may open to a violation of the treaty action. Henry v. City of Fort Worth, 02-09-065-CV (Tex. App.-Fort Worth February 18, 2010, pet. refused) (mem. op.) See also Padilla v. LaFrance, 907 S.W.2d 454, 462 (Tex. 1995) (with “measures to enforce a settlement agreement for which consent is revoked must be based on proper documentation and evidence.” A party may revoke its consent; However, revocation cannot mean much if the contract can be applied in terms of contract law. But what happens if a party changes its mind before the divorce? The answer may depend on how the agreement was reached. In re the Marriage of Joyner, the parties signed a negotiated transaction agreement (MSA) “that limited and divided most of their assets” and complied with the provisions of paragraph 6.602 of the Texas Family Code.
196 S.W.3d 883.886 (Tex. App.-Texarkana 2006, fart. refused). Three months later, a final hearing was held, during which the court was to resolve personal wealth issues on which the parties had not been able to agree. But it is interesting to note that simply sending an email containing a signature block does not necessarily fulfill the requirement to sign Rule 11.