Rule 1602.Declaratory Judgment as Ancillary Relief.
Last amended December 16, 2003 · Last verified June 30, 2026
Full Text of Rule 1602
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).