Federal Rule of Civil Procedure 57

Rule 57. Declaratory Judgment

These rules govern the procedure for obtaining a declaratory judgment under 28 U.S.C. §2201. Rules 38 and 39 govern a demand for a jury trial. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. The court may order a speedy hearing of a declaratory- judgment action.

Essential Points

  • In a declaratory judgment a party asks a judge to declare its rights.  Potential defendants can ask for declarations of non-liability before litigation commences.  Parties can seek a declaration to prevent ongoing violations of statutory or constitutional rights.