Rule 158.Suit for the Use of Another
Last verified June 28, 2026
Full Text of Rule 158
Plain-English Summary
Rule 158 protects the real party in interest. When a plaintiff who sued for the use of another dies before verdict, the person for whose benefit the suit was brought may, on a suggestion of death in open court, prosecute the suit in his own name. That person is responsible for costs as if he had brought the suit.
Frequently Asked Questions
What happens to a suit brought for someone else's use if the plaintiff dies in Texas?
Under Rule 158, the beneficiary may take over and prosecute it in his own name, and is responsible for costs as if he had filed it.
What does 'suing for the use of another' mean under Rule 158?
It describes a suit where the named plaintiff is not the person who will benefit from a recovery. Rule 158 lets that beneficiary step in if the named plaintiff dies before verdict.
What must happen before the beneficiary can prosecute the suit under Rule 158?
The plaintiff's death must be suggested on the record in open court. Only then may the beneficiary take over and prosecute the suit in his own name.