Rule 57.Declaratory Judgment
Last amended December 1, 2007 · Last verified June 30, 2026
Full Text of Rule 57
Amendment History
(Amended December 29, 1948, effective October 20, 1949; April 30, 2007, effective December 1, 2007.)
Plain-English Summary
A declaratory judgment lets a court declare the parties’ rights and legal relations before anyone has been harmed or sued for damages — for example, declaring whether a contract is valid or a patent infringed. The substantive authority comes from the Declaratory Judgment Act; Rule 57 supplies the procedure for using it.
The rule makes two points clear. First, the existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate, so a party need not wait to be sued to get its rights resolved. Second, the court may order a speedy hearing of a declaratory-judgment action and advance it on the calendar, reflecting that these cases often need a prompt answer.
Frequently Asked Questions
What is a declaratory judgment?
A judgment that declares the parties’ rights or legal relations without necessarily ordering anyone to do or pay anything; Rule 57 provides the procedure under the Declaratory Judgment Act.
Do I have to wait until I'm sued to seek a declaratory judgment?
No. Rule 57 confirms that the existence of another adequate remedy does not bar declaratory relief that is otherwise appropriate, so a party can get its rights resolved without waiting to be sued.