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Rule 1602.Declaratory Judgment as Ancillary Relief.

Last amended December 16, 2003 · Last verified June 30, 2026

In one sentenceIn any civil action a party may add a prayer for declaratory relief to its claim, with the practice following, as nearly as possible, the ordinary rules governing that action.

Full Text of Rule 1602

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In any civil action, a party may include in the claim for relief a prayer for declaratory relief and the practice and procedure shall follow, as nearly as may be, the rules governing that action.
End

Plain-English Summary

This rule lets a request for a declaration ride along with an ordinary case. In any civil action, a party may include in its claim for relief a prayer for declaratory relief — a binding determination of the parties’ rights — rather than bringing a separate declaratory-judgment action.

The practice and procedure then follow, as nearly as may be, the rules that govern the underlying action. Allowing declaratory relief as ancillary means a party can have its rights declared in the same case that seeks other remedies, without the cost and delay of a stand-alone proceeding.

Frequently Asked Questions

Can declaratory relief be sought within an ordinary lawsuit?

Yes. A party may include a prayer for declaratory relief in any civil action.

Amendment History

The provisions of this Rule 1602 amended April 4, 1990, effective July 1, 1990, 20 Pa.B. 2282; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (276603).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text
Also known as: ancillary declaratory reliefdeclaratory judgment within actionprayer for declaratory relief