What Type of Order and Language is Needed for a Judge to Sign a Rule 11 Agreement?

Question from Bugs, What Type of Order and Language is Needed for a Judge to Sign a Rule 11 Agreement?

Answer from AI:

If you have a Rule 11 agreement signed by all parties to hold child support until a hearing, but the Office of the Attorney General (OAG) refused it because it lacked a judge’s signature, you will need to take additional steps to get judicial approval. Here’s a general guide on what you need to do:

Understanding Rule 11 Agreements

Rule 11 of the Texas Rules of Civil Procedure allows parties in a lawsuit to make agreements that are binding if they are:

• In writing and signed by the parties or their attorneys, or
• Made in open court and entered into the court record.

However, for certain agreements, especially those involving child support, a judge’s approval is often required to make the agreement enforceable.

Steps to Obtain a Judge’s Signature

To get a judge to sign off on your Rule 11 agreement, you typically need to follow these steps:

1. Draft a Proposed Order: Create a proposed order that reflects the terms of the Rule 11 agreement. This document should clearly state the agreement’s terms and include language indicating that the judge approves and adopts the agreement as an order of the court.
2. File a Motion: File a motion with the court requesting that the judge sign the proposed order. This motion should explain why the agreement is in the best interest of the child and why it should be approved.
3. Set a Hearing: Schedule a hearing for the judge to review and sign the proposed order. Ensure all parties are notified of the hearing date.
4. Present the Agreement in Court: Attend the hearing and present the Rule 11 agreement and the proposed order to the judge. Be prepared to explain the agreement and answer any questions the judge may have.

Language for the Proposed Order

The proposed order should include specific language to ensure it is clear and enforceable. Here is a general template:

IN THE [COURT NAME] COURT OF [COUNTY], TEXAS

[CASE NAME]
[CASE NUMBER]

ORDER APPROVING RULE 11 AGREEMENT

On this day, the Court considered the Rule 11 Agreement signed by all parties in the above-referenced case. The Court finds that the agreement is in the best interest of the child(ren) and should be approved.

IT IS THEREFORE ORDERED that the Rule 11 Agreement, attached hereto as Exhibit A, is hereby approved and adopted as an order of this Court.

SIGNED this ___ day of __________, 20__.

_________________________________
[JUDGE'S NAME]
[JUDGE'S TITLE]

Consulting with a Legal Professional

While this guide provides a general overview, it is crucial to consult with a legal professional to ensure that your documents are correctly drafted and filed. A family law attorney can provide personalized advice and help navigate the court system effectively.

Additional Resources

For more information, you can refer to:

• Texas Rules of Civil Procedure
• Texas Attorney General Child Support Division

Remember, each case is unique, and the specific requirements may vary based on the jurisdiction and the details of your case. Always seek professional legal advice for your specific situation.