Austin Associate Charles Fowler contributed an article entitled "The Enforceability of Rule 11 Agreements Related to Pretrial and Trial Procedure" to The Litigation Section of the State Bar of Texas' News for the Bar Spring 2019 edition.
It focuses, in part, on how often parties agree on how to conduct certain aspects of pretrial and trial procedure, and in particular, agreements under Texas Rule of Civil Procedure 11. Charles writes "...Rule 11 agreements do sometimes become a source of controversy. How likely is a Texas trial court to enforce a contested Rule 11 agreement? When it comes to agreements resolving all or part of a case on the merits, the answer is clear enough: A court must summarily enforce a settlement agreement once it has entered judgment disposing of the case, but a party seeking enforcement before the court has entered judgment must sue for breach."
Click here to read the full article.
