Rule 57.Declaratory Judgment
Effective July 1, 1974 · Last verified June 26, 2026
Full Text of Rule 57
Rule History
Effective July 1, 1974.
Reporter’s Notes
(1996)
With the merger of the District Court rules into the Mass.R.Civ.P., minor differences which had existed between Mass.R.Civ.P. 57 and Dist./Mun.Cts.R.Civ.P. 57 have been eliminated.
(1973)
G.L. c. 231A is the Uniform Declaratory Judgment Act with minor changes and additions. Rule 57, specifically referring to the statute, does not effect any essential change in Massachusetts practice. The main thrust of Rule 57 is that actions for declaratory judgment are to be brought in accordance with the Rules. Although the statute is quite detailed procedurally (see, e.g., G.L. c. 231A, §§ 7 and 8 dealing respectively with costs and necessary parties), the specificity of the Act should cause no conflict with the Rules.
The abolition, by Rule 2, of the distinction between law and equity requires only verbal adjustment of prior practice. The rule (S.J.C. Rule 2:23) prohibiting the plaintiff's attorney in a declaratory judgment proceeding from representing the defendant remains unchanged.
The last sentence of Rule 57 specifically authorizes priority trial treatment for declaratory judgment actions. It does not materially alter the assignment judge's power (see Super.Ct. Rules 59 and 63); and it makes clear to bench and bar that declaratory judgment proceedings, which by their nature frequently require summary disposition, may receive whatever special treatment they need.
Plain-English Summary
A declaratory judgment lets a court settle the parties' legal rights before anyone is injured or sues for damages. Rule 57 says the procedure for obtaining one under the declaratory-judgment statute, G.L. c. 231A, follows the ordinary Rules of Civil Procedure, and the right to a jury trial may be demanded as in Rules 38 and 39.
Two points keep the remedy useful: the existence of another adequate remedy does not preclude declaratory relief where it is appropriate, and the court may order a speedy hearing and advance the case on the calendar.
Frequently Asked Questions
What is a declaratory judgment?
A binding determination of the parties' legal rights or the validity of a statute or instrument, available under G.L. c. 231A, sought through the ordinary Rules of Civil Procedure.
Does having another remedy prevent a declaratory judgment?
No. Rule 57 provides that the existence of another adequate remedy does not preclude a declaratory judgment in cases where it is appropriate.