33rd / 424th District Courts

A series of letters between attorneys (or any other agent of a party) is sufficient to satisfy Rule 11's writing requirement and withdrawal of consent to the settlement does not render such settlement as is set forth in the Rule 11 agreement unenforceable.

Their are ethical and practical problems with a judge being drawn into a mediator role. However, sometimes a 'touch' of that is unavoidable. Take the case of a motion to render judgment on a settlement agreement and the parties are very unclear as to their real issues. For the Court to understand what the hearing is really all about, it has to probe the 'settlement' minds and postures of the parties -- throught their attorneys, of course.