§ Rule 152. Death of Defendant

Codes > Texas Rules of Civil Procedure > Part II > Section 7 > Rule 152.

Rule 152. Death of Defendant

Where the defendant shall die, upon the suggestion of death being entered of record in open court, or upon petition of the plaintiff, the clerk shall issue a scire facias for the administrator or executor or heir requiring him to appear and defend the suit and upon the return of such service, the suit shall proceed against such administrator or executor or heir.