A Rule 11

[Pss]

I am in the State of Texas, my understanding is that a rule 11 is an agreement reached between parties outside the courtroom and it's terms are then presented to the judge and he/she signs to enter as finding(perhaps my "wording" is a bit off.., however, is that the gist?

How long does an 11 stand and how does one go about "changing" or "undoing" it?

Hope that makes sense!

thanks

 

[JETX]

I believe you are referring to a Rule 11 agreement, but a Rule 11 only requires that any agreement between parties be in writing. It does not stipulate any 'stand'. In fact, here is the ENTIRE text of Texas Rules of Civil Procedure, Rule 11:
"RULE 11. AGREEMENTS TO BE IN WRITING
Unless otherwise provided in these rules, no agreement between attorneys or parties touching any suit pending will be enforced unless it be in writing, signed and filed with the papers as part of the record, or unless it be made in open court and entered of record."

As you can see, there is nothing in 'the Rule' that applies to length of validity, or how to change or 'undo' it. Those issues rely solely on the wording of the agreement itself.

 

[Pss]

Halket - Thanks so much! I understand fully what the 11 is now! So, we reached an agreement outside the courtroom - we all signed and presented it to the judge to become part of the record(that it was "written" etc etc..., is the 11 part), so - now, that which was written - the agreement we entered can only be "changed" thru an amendment motion?

I am sorry - my questions are very rudimental, I am sure - I unfortuantely, am finding these things out - perhaps too late!

Thanks again for your response!

 

[JETX]

Yep, you got it. The agreement can only be modified when agreed by both parties or as ordered by the court. Just like any other written agreement or contract.