Form 29-10

This form may be used if the defendant dies after suit is commenced. See Tex. R. Civ. P. 151–152. This form may be altered as appropriate if there is more than one defendant and the plaintiff elects to proceed against only the defendant(s) remaining alive. See section 29.82:1 in this chapter, however, regarding the consequences of electing to proceed against only the remaining defendant(s).

Also, if the plaintiff dies, this form may be used to notify the court of the substitution of the plaintiff’s heirs or personal representative. In that case, replace paragraph 2. with a statement of the plaintiff’s intent.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Suggestion of Death and Scire Facias

1.Plaintiff, [name of plaintiff], informs the Court that Defendant, [name of defen­dant], has died. A certified copy of Defendant’s death certificate is attached as Exhibit [exhibit number/letter] and incorporated in this suggestion by reference.

2.Plaintiff requests that this suit proceed against [name[s] and [capacity/capacities] of heir[s] or personal representative]. Plaintiff further requests that the clerk of the Court issue scire facias for [name[s] of heir[s] or personal representative] requiring [him/her/them] to appear and defend this suit.

   
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]