Rule 57.Declaratory Judgments—Judgments by Confession.
Last amended July 15, 1994 · Last verified July 6, 2026
Full Text of Rule 57
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 49 effective January 1, 1963; and by SCO 1153 effective July 15, 1994)
Plain-English Summary
A declaratory judgment follows the same rules as any other civil action, including the right to demand a jury trial, and a party isn't barred from seeking one just because another adequate remedy exists; the court can also order a speedy hearing and move the case up on the calendar. Separately, once a lawsuit is filed, a defendant can confess judgment — with the plaintiff's or the plaintiff's attorney's assent — for an amount no greater than the complaint demands, or for relief different from what it demands, as long as the confession and assent are both in writing, signed, and either acknowledged before someone authorized to administer oaths or made in open court.
A confession of judgment can also happen without any lawsuit at all: anyone capable of being sued can confess judgment in someone else's favor for money owed, or to secure against a contingent future liability, or both. That kind of confession has to be sworn to by the person confessing, authorize a specific dollar amount, and — depending on whether it covers a debt or a contingent liability — spell out the facts showing the debt is owed or that the amount doesn't exceed the liability being secured; if the judgment calls for installment payments, each installment can be individually enforced by execution as it comes due.
Frequently Asked Questions
Can I get a declaratory judgment if another remedy is available to me?
Yes — Rule 57(a) says the existence of another adequate remedy doesn't prevent a declaratory judgment where it's otherwise appropriate.
What is a "confession of judgment"?
A written, signed, and acknowledged admission by a defendant (or, outside a lawsuit, by anyone who could be sued) that judgment should be entered against them, for either a debt owed or a contingent liability.
Can someone confess to a judgment without ever being sued?
Yes, under Rule 57(c) — the confession must be sworn to, authorize a specific sum, and spell out the facts showing the debt or liability, and it can then be enforced like any other judgment.