Rule 155.Surviving Parties
Last verified June 28, 2026
Full Text of Rule 155
Plain-English Summary
Rule 155 keeps a multi-party case moving when one party dies. Where there are two or more plaintiffs or defendants and one dies, the suit — on a suggestion of death entered on the record — proceeds at either party's instance in the name of the surviving plaintiffs or against the surviving defendants. The case does not wait on substituting the deceased party.
Frequently Asked Questions
Does a multi-party Texas suit stop if one party dies?
No. Under Rule 155, on a suggestion of death the suit proceeds for the surviving plaintiffs or against the surviving defendants.
Do you need to substitute a deceased party under Rule 155?
No. Rule 155 does not require substitution. Once the death is suggested on the record, the suit proceeds in the name of the surviving plaintiffs or against the surviving defendants.
Who can ask that a suit proceed after a co-party's death?
Under Rule 155, either party — not just the side that lost a member — may have the death entered of record so the suit proceeds among the survivors.