The procedure for obtaining a declaratory judgment pursuant to §§ 6-6220 through 6-6-232, Code of Alabama 1975, shall be in accordance with these rules, and the right to trial by jury may be demanded under the circumstances and in the manner provided in Rules 38 and 39. The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The court may order a speedy hearing of an action for declaratory judgment and may advance it on the calendar.
Rule 57.Declaratory judgments.
Last verified July 6, 2026
In one sentenceRule 57 folds Alabama's statutory declaratory judgment procedure into the ordinary rules of civil procedure, preserving the right to a jury trial where one would otherwise apply, confirming that having another remedy available does not block a declaratory judgment, and allowing courts to expedite these cases on the calendar.
Full Text of Rule 57
(dc) District court rule. Rule 57 does not apply in the district courts.
Amendment History
[Amended eff. 10-1-95.]
Committee Comments
Committee Comments on 1973 Adoption
The rule makes no significant change in current Alabama procedure as to declaratory judgments. It expressly recognizes the adoption in this state of the Uniform Declaratory Judgments Act, and merely specifies that the procedure set out in these rules shall govern in actions brought pursuant to that act.
The second sentence of the rule is to the same effect as the sentence added in 1947 to the Uniform Act by the Alabama Legislature. Acts 1947, p. 444, Code of Ala., § 6-6-221. The rule and the 1947 statutory provision overrule earlier Alabama decisions to the contrary, such as State v. Inman, 238 Ala. 555, 191 So. 224 (1939), and Bagwell v. Woodward Iron Co., 236 Ala. 668, 184 So. 692 (1938). See 3 Barron & Holtzoff, Federal Practice and Procedure, § 1266 (1958).
The rule expressly preserves the right to trial by jury in actions for a declaratory judgment. If the issues are of a sort which would be triable to a jury if they came up in an action asking for relief, rather than in a declaratory judgment suit, a jury must be had; if they would be triable to the court otherwise, they are triable to the court in a declaratory judgment suit.
Committee Comments to October 1, 1995, Amendment to Rule 57
The amendment to Rule 57 replaced the citation to the Code of Alabama 1940 (Recomp. 1958) with the citation to the corresponding section of the Code of Alabama 1975.
District Court Committee Comments
Section 12-12-30(3), Code of Ala., provides that the district court shall not exercise jurisdiction over actions seeking declaratory judgments.
Plain-English Summary
Rule 57 connects the ordinary rules of civil procedure to Alabama's statutory scheme for declaratory judgments. Rather than creating a separate set of procedures, it directs that any action seeking a declaratory judgment under the applicable Alabama statutes proceeds under these same rules. A declaratory judgment lets a party ask a court to declare rights, status, or legal relations even before any actual harm has occurred or a remedy like damages is sought.
The rule preserves the right to a jury trial in a declaratory judgment action, but only under the circumstances and in the manner already set out for jury demands generally. In practice, this means the nature of the underlying issue controls: if the same dispute, framed as an ordinary claim for relief, would be tried to a jury, then a jury may decide it in the declaratory judgment action too; if it would otherwise be tried to the court, the court decides it in the declaratory setting as well.
Rule 57 also removes a possible obstacle to seeking declaratory relief: the fact that some other adequate remedy exists does not, by itself, prevent a court from entering a declaratory judgment when declaratory relief is appropriate. A party is not forced to wait for a breach or an injury and pursue a different type of lawsuit just because another avenue for relief technically exists.
Finally, the rule gives courts discretion to move declaratory judgment actions along quickly. Because these actions often resolve uncertainty about rights or obligations before a dispute escalates, the court may order a speedy hearing and advance the case ahead of others on the calendar.
Frequently Asked Questions
What is a declaratory judgment action under Rule 57?
It is a lawsuit brought under Alabama’s statutory declaratory judgment procedure, in which a party asks the court to declare rights, status, or other legal relations, and it proceeds under the same rules of civil procedure that govern other civil actions.
Is a jury trial available in a declaratory judgment action?
Yes, a jury trial may be demanded under the same circumstances and in the same manner as in other civil actions, so whether a jury decides the issue depends on whether it would be a jury issue if raised in an ordinary claim for relief.
Does having another legal remedy available prevent a party from seeking a declaratory judgment?
No, the existence of another adequate remedy does not by itself block a court from granting declaratory relief when declaratory relief is appropriate under the circumstances.
Can a declaratory judgment case be handled faster than a typical lawsuit?
Yes, the court has discretion to order a speedy hearing in a declaratory judgment action and to advance the case ahead of others on its calendar.
Does Rule 57 apply in Alabama district courts?
No, Rule 57 does not apply in the district courts, which do not exercise jurisdiction over declaratory judgment actions.
Source & verification. The rule text, amendment history, and Committee Comments are reproduced verbatim from the
official Alabama Rules of Civil Procedure (Ala. R. Civ. P. 57). Prescribed by the Supreme Court of Alabama (Ala. Const. amend. 328, § 6.11). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: declaratory judgment proceduredeclaratory reliefjury trial declaratory judgmentAla. R. Civ. P. 57