Rule 11.Agreements to Be in Writing

Last amended January 1, 1988 · Last verified June 28, 2026

In one sentenceRule 11 makes an agreement between parties or their attorneys about a pending suit enforceable only if it is in writing, signed, and filed in the record — or else made in open court and entered of record.

Full Text of Rule 11

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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.

End

Notes and Comments

Comment to 1988 change: The amendment makes it clear that Rule 11 is subject to modification by any other Rule of Civil Procedure.

Plain-English Summary

Rule 11 sets the form a litigation agreement must take to be enforceable. Any agreement between attorneys or parties touching a pending suit must be either in writing, signed, and filed with the papers as part of the record, or made in open court and entered of record. Lawyers commonly call these “Rule 11 agreements.”

The practical lesson is simple: an oral side agreement that is not put on the record is not enforceable under the rule. The opening phrase, “unless otherwise provided in these rules,” makes clear that another rule of civil procedure can modify how Rule 11 applies.

Frequently Asked Questions

What is a Rule 11 agreement in Texas?

An agreement between parties or their attorneys about a pending suit. To be enforceable it must be in writing, signed, and filed in the record, or made in open court and entered of record.

Is an oral agreement between attorneys enforceable?

Generally not under Rule 11, unless it was made in open court and entered of record. Otherwise the agreement must be in writing, signed, and filed.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 11), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: agreements to be in writingRule 11 agreementrule 11 agreementsenforceable agreementsettlement agreement in writingTRCP 11