A scire facias is a legal writ that is used in Texas courts to bring a new party into an existing lawsuit, typically when an original party has died. The Latin term literally means "you should make known," and its purpose is to notify the executor or administrator of the deceased's estate that they must appear in court and defend the case on behalf of the deceased.
How Scire Facias Works
When a party to a lawsuit dies, the opposing counsel will typically file a suggestion of death with the court. The court will then issue a writ of scire facias. This document directs the legal representative of the deceased, such as an executor or administrator, to substitute themselves into the lawsuit. This action ensures the case can continue without the deceased party, allowing the court to address the claims and a final judgment to be issued. The person appointed to represent the estate must appear in the court where the lawsuit is pending.
All information provided on Silblawfirm.com (hereinafter "website") is provided for informational purposes only, and is not intended to be used for legal advice. Users of this website should not take any actions or refrain from taking any actions based upon content or information on this website. Users of this site should contact a licensed Texas attorney for a full and complete review of their legal issues.