In one sentenceRule 44 lets a minor or a person without a legal guardian sue through a “next friend,” who has guardian-like rights, must give security for costs when required, and may settle the suit only with court approval.
Minors, lunatics, idiots, or persons non compos mentis who have no legal guardian may sue and be represented by "next friend" under the following rules:
(1)Such next friend shall have the same rights concerning such suits as guardians have, but shall give security for costs, or affidavits in lieu thereof, when required.
(2)Such next friend or his attorney of record may with the approval of the court compromise suits and agree to judgments, and such judgments, agreements and compromises, when approved by the court, shall be forever binding and conclusive upon the party plaintiff in such suit.
End
Plain-English Summary
Rule 44 allows certain people who cannot represent themselves to sue through a stand-in called a “next friend.” It applies to minors and to others without a legal guardian, using the older statutory terms carried into the rule. The next friend brings and runs the suit on the person's behalf.
The next friend has the same rights in the suit as a guardian would, but must give security for costs — or an affidavit in its place — when the court requires. A next friend, or that person's attorney, may compromise the suit and agree to a judgment only with the court's approval; once approved, the settlement binds the represented party.
Frequently Asked Questions
Who can sue on behalf of a minor in Texas?
A “next friend,” under Rule 44, when the minor has no legal guardian. The next friend has guardian-like rights, gives security for costs when required, and may settle only with court approval.
Does Rule 44's next friend only apply to minors?
No. Rule 44 also covers adults who lack a legal guardian because of incapacity, using older statutory language carried forward into the rule. Both groups may sue through a next friend.
What rights does a next friend have in the suit?
The same rights a guardian would have. Rule 44 also requires the next friend to give security for costs, or an affidavit in place of it, whenever the court requires one.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 44), 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:may appear by next friendnext friendminor without a guardiansuing on behalf of a minorTRCP 44