I signed, a Rule 11 Agreement, in which it states that we will re-set trail for a later date and after Mediation. The fact is, i agreed to it to buy me time on awaiting evidence against the other Parent. I have the evidence now and would like to bypass the Rule 11 Agreement and set a trail date instead.
You agreed to do something and it's been filed with the court. You are stuck. If you do not attend, bad things can happen. I assume that you do not have an attorney representing you or else you would understand the ramifications of refusing to attend a mediation after signing a Rule 11 Agreement.
In summary, if you do not attend the mediation then the judge will probably (like 90% probability) not allow you to put the "new evidence" on that you now have regarding the other parent. So by trying to "buy time" and signing the Rule 11 Agreement you committed yourself to attending it. Oh, by the way, you MUST also participate in the mediation in GOOD FAITH.
Just because you think you have the "smoking gun" and will now win the case, since you obviously don't have an attorney and you don't understand the rules of evidence, I highly recommend that you settle this case at mediation. Why? Because you are held to the same standards as a licensed attorney in Texas. You now how to try to get the evidence into evidence before the judge. The other attorney is going to try to prevent you from doing this by making objections. You must know how to overcome the objections. If you don't overcome the objections, the attorney wins and none of this "new evidence" is never seen by the judge. So the "evidence" is never seen - and - it was a waste of time to even get it.
Hire an attorney immediately to represent you. Please.
I absolutely agree with Ms. Brochstein. You signed a legal document and you now have to back up what you agreed to do.
I wanted to highlight the point about the "smoking gun" you have in the way of evidence that is helpful. Don't assume that a judge will give this evidence the same weight that you do. A judge knows the law in and out and every judge is different. Different judges care about different things. To some, education of the child is extremely important. To others, the condition of the home is huge. And still others think that parental alienation is the worst possible fact to have in a case.
All that to say, you should attend the mediation and do your best to reach an equitable resolution that works for both of you. And find the funds to hire a good attorney!
I hope you found this response to be helpful.
I agree with the previous answers given. You are stuck with the rule 11 at this point. Mainly, because the trial date was reset for it and the court will order it if you renounce your agreement with the rule 11. That is a difficult process to withdraw your consent to a rule 11. You would need an attorney to guide you through the process.
Additionally, mediation is a good opportunity to resolve your case. Take advantage of the mediation. You may resolve it without the risk of trial in a way that you can have control over. The previous answers pointed out clearly that the court may not see the smoking gun the same way that you see it. In summary keep your word and mediate, and if mediation does not resolve the case then you still have a court date.
Bobby Barina's answer to a legal question on Avvo does not establish an attorney-client relationship. Mr. Barina offers everyone a free consultation to discuss their case. Feel free to call his office at 254-699-3755 to make an appointment or visit his website at www.bobbybarina.com for more information about his services.