Rule 57.Declaratory Judgments
Last amended January 1, 1992 · Last verified July 13, 2026
Full Text of Rule 57
Amendment History
Amended November 11, 1991, effective January 1, 1992.
Reporter's Notes
Reporter’s Notes to Rule 57: 1. Ark. Stat. Ann. § 34-2501 [now see § 16-111-103], with minor modifications, adopted the Uniform Declaratory Judgment Act. Rule 57 incorporates this statutory enactment by reference and does not effect any significant changes in Arkansas procedure.
2. Prior Arkansas law did not specifically authorize the advancement of declaratory judgment actions on the trial docket. Rule 57 recognizes, however, that some declaratory judgment actions involve matters of public interest and therefore gives the trial court discretion to advance such a case on the trial docket.
Plain-English Summary
A declaratory judgment lets a party get a court ruling on their rights or legal status before anything goes wrong: before a contract is breached, before a statute is enforced against them, before a dispute ripens into damages. Rule 57 doesn't rewrite that remedy; it points to Arkansas's Uniform Declaratory Judgment Act, codified at Ark. Code Ann. §§ 16-111-101 through 16-111-111, and says the ordinary civil rules govern the procedure for getting there.
Two things stand out in the rule's short text. First, a party doesn't lose the right to a jury just because the case is styled as one for declaratory relief; Rule 57 preserves the same jury-demand mechanics found in Rules 38 and 39. Second, the rule confirms that having another remedy available, such as a breach-of-contract claim or an injunction, doesn't automatically block a declaratory judgment where declaratory relief fits the situation. And because some declaratory actions touch matters of public interest that can't wait for the normal docket rotation, the rule gives the trial court discretion to hold a speedy hearing and move the case ahead of others on the calendar.
Frequently Asked Questions
What is a declaratory judgment action, and how does Rule 57 fit in?
It's a lawsuit asking the court to declare the parties' rights, status, or legal relationships without necessarily awarding damages or an injunction. Rule 57 incorporates the procedure set out in Arkansas's Uniform Declaratory Judgment Act and applies the ordinary civil rules to that process.
Can I demand a jury in a declaratory judgment case?
Yes. Rule 57 preserves the right to demand a jury trial under the same circumstances and procedures set out in Rules 38 and 39, even though the case seeks declaratory relief.
Can the other side block my declaratory judgment claim just because I could sue for damages instead?
Not automatically. Rule 57 states that the existence of another adequate remedy doesn't preclude a declaratory judgment in cases where declaratory relief is appropriate under the circumstances.
Can a declaratory judgment case get to trial faster than a typical case?
Yes, at the court's discretion. Rule 57 lets the court order a speedy hearing and advance a declaratory judgment action on the calendar, which matters most in cases touching a live public controversy.