Texas Rules of Civil Procedure Rule 11 Agreement – Everything You Need to Know

If you’re involved in a legal dispute in Texas, the Texas Rules of Civil Procedure (TRCP) outline the rules governing the civil litigation process. One important provision that can save you time, money, and effort is Rule 11 Agreement.

What is Rule 11 Agreement?

Rule 11 Agreement is a formal agreement between parties or their lawyers in a legal dispute, acknowledging that the case is not frivolous and that the legal arguments and factual contentions contained in the pleadings have “an adequate basis in law and fact.”

The purpose of the Rule 11 Agreement is to discourage meritless lawsuits, promote candid communication between the parties, and streamline the litigation process. By signing a Rule 11 Agreement, parties can avoid wasteful and unnecessary discovery and motion practice.

How Does Rule 11 Agreement Work?

Under TRCP 11, a party can file a motion for sanctions against an opposing party or their lawyer for filing a pleading, motion, or paper that violates Rule 11(b). Rule 11(b) requires that all pleadings, motions, and papers filed with the court be:

– Based on a factual and legal basis;

– Not presented for an improper purpose, such as to harass, cause unnecessary delay or increase the cost of litigation;

– Not frivolous, meaning it has no reasonable basis in law or fact;

– Warranted by existing law or a good-faith argument for changing the law; and

– Not redundant, immaterial, impertinent, or scandalous.

If the court finds that a party or their attorney violated Rule 11(b), it can impose sanctions, including attorney fees, a monetary penalty, and other sanctions deemed appropriate by the court.

By signing a Rule 11 Agreement, the parties can avoid the potential for sanctions under Rule 11. However, a party can still seek sanctions if the other party breaches the terms of the agreement.

What are the Benefits of Rule 11 Agreement?

The benefits of the Rule 11 Agreement are numerous, including:

– Avoiding the cost and time of frivolous litigation;

– Encouraging candid communication between parties;

– Providing an incentive for parties to disclose facts and evidence early in the litigation process;

– Reducing the number of discovery requests and motions filed in court, which can be costly and time-consuming;

– Streamlining the litigation process and promoting resolution of disputes.


If you’re involved in a legal dispute in Texas, you should consider the Rule 11 Agreement as a potential tool for resolving your case efficiently and effectively. By working with your attorney to draft and sign a Rule 11 Agreement, you can avoid unnecessary litigation costs, promote candid communication with the opposing party, and streamline the litigation process.