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Rule 156.Death After Verdict or Close of Evidence

Last verified June 28, 2026

In one sentenceRule 156 has the court render judgment as if all parties were living when a party dies after the verdict in a jury case, or after the evidence closes in a non-jury case.

Full Text of Rule 156

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When a party in a jury case dies between verdict and judgment, or a party in a non-jury case dies after the evidence is closed and before judgment is pronounced, judgment shall be rendered and entered as if all parties were living.
End

Plain-English Summary

Rule 156 is a timing safety valve at the end of a case. When a party dies between the verdict and the judgment in a jury case, or after the evidence is closed and before judgment is pronounced in a non-jury case, the court renders and enters judgment as if all parties were still alive. No substitution is needed at that late stage.

Frequently Asked Questions

What if a party dies right before judgment in Texas?

Under Rule 156, if a party dies after the verdict (jury) or after the evidence closes (non-jury), the court renders judgment as if all parties were living.

Does Rule 156 apply to both jury and non-jury trials?

Yes, at different points. In a jury case, it covers a party's death between the verdict and the judgment. In a non-jury case, it covers a death after the evidence closes and before the judgment is pronounced.

Why doesn't a party's estate need to be substituted under Rule 156?

Because the outcome is already fixed by the verdict or the closed evidence, Rule 156 has the court render judgment as if all parties were still living, without pausing the case to bring in a successor.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 156), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source
Also known as: death after verdictdeath before judgmentdeath between verdict and judgmentdeath after close of evidencejudgment despite deathTRCP 156