A Texas Rule 11 agreement is a written contract between parties in a pending lawsuit, and a sample follows a predictable structure: case caption, a short recital invoking Rule 11, numbered terms, and signature blocks for each party or attorney. Rule 11 of the Texas Rules of Civil Procedure requires the agreement to be in writing, signed, and filed with the court, or else stated on the record during a court proceeding.1Supreme Court of Texas. Texas Rules of Civil Procedure There is no official statewide form. The template below shows the standard bones; the substantive terms are yours to write.
The Three Validity Requirements
Before the sample is useful, the rule itself has to be clear. An enforceable Rule 11 agreement must be written down, signed by the parties or their attorneys, and filed as part of the case record.2Texas Law Help. Rule 11 Agreements The alternative path is to recite the agreement in open court so the court reporter captures it in the transcript. An oral promise on the phone or a casual email exchange does not qualify.
Once those three requirements are met, the court treats the document as an enforceable contract. Standard contract defenses still apply — a party can challenge enforcement on grounds like fraud, duress, or mutual mistake. If any one of the three elements is missing, the agreement is unenforceable no matter how reasonable its terms.1Supreme Court of Texas. Texas Rules of Civil Procedure
Sample Rule 11 Agreement
The template below is an illustrative framework, not a fill-and-file form. Adjust the substantive terms to fit the situation, and consult an attorney when significant rights or money are involved.
CAUSE NO. [Case Number]
[PLAINTIFF NAME], Plaintiff
v.
[DEFENDANT NAME], Defendant
IN THE [Court Number] DISTRICT COURT
[County Name] COUNTY, TEXAS
RULE 11 AGREEMENT
This agreement is entered into by the undersigned parties pursuant to Rule 11 of the Texas Rules of Civil Procedure.
The parties agree as follows:
1. [First agreed term. State the specific obligation, deadline, dollar amount, or action with precision. Example: “Defendant shall pay Plaintiff the sum of $15,000 within thirty (30) days of the date this agreement is filed with the Court.”]
2. [Second agreed term. Example: “Upon receipt of the payment described in Paragraph 1, Plaintiff shall file a nonsuit dismissing all claims against Defendant with prejudice.”]
3. [Additional terms as needed.]
4. This agreement is binding on the parties and their respective attorneys and is enforceable under Rule 11 of the Texas Rules of Civil Procedure.
AGREED AND SIGNED on this ___ day of ________, 2026.
___________________________
[Plaintiff Name or Attorney Name]
State Bar No. [Bar Number]
[Firm Name]
[Address]
[Phone]
[Email]
___________________________
[Defendant Name or Attorney Name]
State Bar No. [Bar Number]
[Firm Name]
[Address]
[Phone]
[Email]
Real-world versions follow this same pattern. The Travis County District Clerk’s Office, for example, publishes a standardized Rule 11 agreement that divorcing spouses use to waive or modify initial disclosure requirements, with checkboxes and signature blocks for the petitioner and respondent.3Travis County Law Library. Rule 11 Agreement Regarding Initial Disclosures Your agreement will read differently depending on subject matter, but the caption, numbered terms, and signature lines stay the same.
Drafting Choices That Decide Whether It Holds
Be Ruthlessly Specific
The most common reason Rule 11 agreements fail is vagueness. “Defendant will pay a reasonable amount” invites a fight. “Defendant will pay $12,500 by wire transfer to Plaintiff’s counsel’s trust account no later than March 15, 2026” does not. Every term should answer who does what, by when, and what happens if they don’t. If the agreement involves a payment plan, spell out each installment date and amount. If it involves transferring property, include the legal description.
Build In What Happens If Someone Defaults
A well-drafted agreement anticipates failure. If one party misses a payment deadline, does the entire balance accelerate? If someone fails to sign a deed by the agreed date, can the other party seek a court order compelling the transfer? Writing these consequences into the agreement saves everyone from a second round of litigation over what should happen when things go wrong.
Include Release Language for Settlements
When a Rule 11 agreement resolves the entire case, it should include a release provision that prevents either party from bringing future claims arising from the same dispute. Effective release language identifies who is releasing claims, who is being released, and the scope of what is being given up. It should also address dismissal of the lawsuit, specifying whether the dismissal is with or without prejudice.
Confirm the Attorney Has Authority
An attorney who signs a Rule 11 agreement binds the client, so the attorney must have the client’s explicit authorization to agree to those specific terms. That matters most in settlements where the attorney commits the client to a dollar figure or a property transfer. If you are the client, make sure your attorney walks you through the exact terms before signing on your behalf.
Discovery and Scheduling Terms
Rule 11 agreements are the standard vehicle for modifying discovery deadlines, waiving initial disclosures, stipulating to the authenticity of documents, or moving hearing dates. Texas Rule of Civil Procedure 191.1 specifically allows parties to modify discovery procedures by agreement as long as the agreement complies with Rule 11.1Supreme Court of Texas. Texas Rules of Civil Procedure The scope is broad. Parties can agree on essentially any subject connected to the pending lawsuit, with two limits: a Rule 11 agreement cannot override a court order without the court’s approval, and it cannot authorize conduct that violates the rules of procedure.
Electronic Signatures and Email
Texas recognizes electronic signatures on Rule 11 agreements. Signing through a platform like DocuSign satisfies the “signed writing” requirement. Agreements can also be formed through email exchanges, but with an important catch: the email must explicitly state that it is intended to serve as a Rule 11 agreement. Simply trading terms over email or including a signature block at the bottom does not create a binding Rule 11 agreement.2Texas Law Help. Rule 11 Agreements
However the agreement gets signed, it still has to be filed. An electronically signed document sitting in someone’s inbox is a contract, but it is not enforceable under Rule 11 until it becomes part of the court record.
Filing the Agreement
Texas Rule of Civil Procedure 21(f) requires attorneys to electronically file documents in courts where e-filing has been mandated. The document must be uploaded as a text-searchable PDF through the electronic filing manager approved by the Office of Court Administration.4eFileTexas. Texas Rules of Civil Procedure Where possible, generate the PDF by direct conversion rather than scanning a paper copy.
Unrepresented parties are not required to e-file, though they may. A self-represented litigant can deliver the signed original to the district or county clerk’s office in person. Whichever route you use, the agreement becomes part of the permanent case file once the clerk accepts it, making it visible to the presiding judge and any other judicial officer who handles the case.
Keep the file-stamped copy or your electronic filing confirmation. If a later dispute turns on whether the agreement was actually filed, that receipt is your proof.
The Revocability Trap
This is the piece most drafters miss. A party can revoke consent to a Rule 11 agreement at any time before the court renders judgment on it. Under the Texas Supreme Court’s decision in Padilla v. LaFrance, once a party withdraws consent, the agreement cannot serve as the basis for an agreed judgment, and a judgment entered after revocation is void.
Revocation does not erase the deal. The agreement is still a contract, and the other side can sue for breach. The difference is procedural: instead of asking the judge to sign an agreed order based on the Rule 11 agreement, the non-breaching party has to file a breach of contract claim and prove it through normal litigation. That is slower, more expensive, and less certain than having the judge approve the original terms.
The practical takeaway for drafting: if the deal is one the parties need to be locked into, get it in front of the judge quickly, or use a different vehicle.
When Rule 11 Is the Wrong Tool
In family law, Rule 11 agreements are common for procedural and temporary matters — extending deadlines, waiving disclosures, setting temporary custody schedules while the case is pending, dividing assets on an interim basis.2Texas Law Help. Rule 11 Agreements For final custody and conservatorship terms, though, the revocability problem is a real risk. A parent who agrees to a custody schedule on Monday can withdraw consent on Wednesday, and the court cannot force the agreed schedule into a final order.
A mediated settlement agreement under Texas Family Code Section 153.0071 is the stronger vehicle in that situation. An MSA that includes a prominently displayed statement that it is not subject to revocation, and is signed by all parties and their attorneys, is binding regardless of Rule 11.5Texas Public Law. Texas Family Code Section 153.0071 – Alternate Dispute Resolution Even so, when children are involved the court retains independent authority to reject any arrangement that does not serve the child’s best interest. An agreement between parents is persuasive but never binding on the judge.
Tax Allocation Language in Settlements
When a Rule 11 agreement resolves a lawsuit for money, how the agreement allocates the payment matters for taxes. Under IRC Section 61, settlement proceeds are generally taxable income unless a specific exclusion applies.6Internal Revenue Service. Tax Implications of Settlements and Judgments The main exclusion, under IRC Section 104(a)(2), covers damages received on account of personal physical injuries or physical sickness. Those amounts are not taxable even when the settlement includes compensation for lost wages that would otherwise be taxable. The exclusion does not apply to punitive damages, which are almost always taxable.
Damages for non-physical injuries like emotional distress, defamation, or breach of contract are taxable. One narrow exception: emotional distress damages that stem directly from a physical injury may qualify for the exclusion. Medical expenses reimbursed through a settlement for emotional distress are also excludable, but only if the taxpayer did not previously deduct those expenses.6Internal Revenue Service. Tax Implications of Settlements and Judgments
If the agreement lumps everything into a single undifferentiated payment, the IRS may treat the entire amount as taxable. Breaking the payment into specific categories, such as physical injury compensation, lost wages attributable to the injury, and emotional distress, gives both sides a defensible basis for their tax reporting. Building that allocation into the numbered terms of the Rule 11 agreement is far easier than trying to reconstruct it later.