Tex. R. Civ. P. 151 · 7. Abatement and Discontinuance of Suit
DEATH OF PLAINTIFF
Text — As posted by the Supreme Court of Texas (file dated October 2, 2026)
If the plaintiff dies, the heirs, or the administrator or executor of such decedent may appear and upon suggestion of such death being entered of record in open court, may be made plaintiff, and the suit shall proceed in his or their name. If no such appearance and suggestion be made within a reasonable time after the death of the plaintiff, the clerk upon the application of defendant, his agent or attorney, shall issue a scire facias for the heirs or the administrator or executor of such decedent, requiring him to appear and prosecute such suit. After service of such scire facias, should such heir or administrator or executor fail to enter appearance within the time provided, the defendant may have the suit dismissed.
Source of truth
- Edition
- As posted by the Supreme Court of Texas (file dated October 2, 2026)
- Official file
- https://www.txcourts.gov/media/1463426/texas-rules-of-civil-procedure.pdf (PDF pages 101)
- Text hash
- sha256 ff9200211c4f78eb4c99143ea589325d9f01a53e17e65d9b5aab44771c39811f
- Composed by
- compose_tx_rules.py 2026-10-05: two PDF extractors agree character for character after the same chrome removal
Cited by 1 provision
Provisions in this library whose text cites Tex. R. Civ. P. 151. Each shows the citation as that text prints it.
Texas Rules of Civil Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.