Rule 32.May Have Question of Suretyship Tried

Last verified June 28, 2026

In one sentenceRule 32 lets a defendant who is in substance a surety for a co-defendant have the suretyship question decided in the case — before, during, or after trial — without delaying the plaintiff's recovery.

Full Text of Rule 32

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When any suit is brought against two or more defendants upon any contract, any one or more of the defendants being surety for the other, the surety may cause the question of suretyship to be tried and determined upon the issue made for the parties defendant at the trial of the cause, or at any time before or after the trial or at a subsequent term. Such proceedings shall not delay the suit of the plaintiff.

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Plain-English Summary

Rule 32 sorts out liability among co-defendants on a contract. When two or more are sued and one is in fact a surety for another, the surety may have the question of suretyship tried and decided in the same case. That can happen at trial, before or after it, or even at a later term.

One limit keeps the plaintiff whole: this side dispute among the defendants cannot delay the plaintiff's suit.

Frequently Asked Questions

How does a surety get the suretyship issue decided in Texas?

Under Rule 32, a surety-defendant may have the question of suretyship tried among the defendants as part of the case, so long as it does not delay the plaintiff's recovery.

Does Rule 32 apply outside of contract suits?

No. Rule 32 speaks to suits brought on a contract against two or more defendants, where one is surety for another. It does not reach suits framed on other grounds.

Can the suretyship question be tried after the case is over?

Yes. Rule 32 lets the surety have the issue tried and decided at trial, before or after it, or even at a subsequent term of court, as long as doing so does not delay the plaintiff's suit.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 32), 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: question of suretyship triedsuretyshipsurety defendantTRCP 32