Rule 28.Suits in Assumed Name

Last amended January 1, 1971 · Last verified June 28, 2026

In one sentenceRule 28 lets a partnership, unincorporated association, private corporation, or individual doing business under an assumed name sue or be sued in that name, with the true name substituted on motion.

Full Text of Rule 28

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Any partnership, unincorporated association, private corporation, or individual doing business under an assumed name may sue or be sued in its partnership, assumed or common name for the purpose of enforcing for or against it a substantive right, but on a motion by any party or on the court's own motion the true name may be substituted.

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Plain-English Summary

Rule 28 allows a business to litigate under the name it operates by. A partnership, unincorporated association, private corporation, or individual doing business under an assumed name may sue or be sued in its partnership, assumed, or common name to enforce a substantive right.

The convenience has a limit. On a motion by any party, or on the court's own motion, the entity's true name may be substituted, so the record ends up reflecting the real party.

Frequently Asked Questions

Can a business be sued under its assumed name in Texas?

Yes. Under Rule 28, a partnership, unincorporated association, private corporation, or individual doing business under an assumed name may sue or be sued in that name.

Can the true name be added later?

Yes. On a motion by any party or on the court's own motion, the true name may be substituted for the assumed name.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 28), 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: suits in assumed namedoing business asDBAassumed nametrue nameTRCP 28