(a) Except as provided in subdivision (b), actions brought under the provisions of this chapter shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence may be given by law.
§ 1062.3.Precedence of Actions
Title 14. Of Miscellaneous Provisions · Chapter 8. Declaratory Relief · Enacted 1980 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 1062.3 requires actions brought under this chapter to be set for trial at the earliest possible date and to take precedence over other cases, except older matters of the same kind, though a plaintiff seeking relief beyond a bare declaration must obtain that precedence by a noticed motion showing the case needs a speedy trial.
Full Text of § 1062.3
(b) Any action brought under the provisions of this chapter in which the plaintiff seeks any relief, in addition to a declaration of rights and duties, shall take such precedence only upon noticed motion and a showing that the action requires a speedy trial.
Plain-English Summary
Declaratory relief actions get preferential treatment on the trial calendar, but the level of preference depends on what the plaintiff is asking for. Subdivision (a) gives cases brought purely for a declaration of rights and duties automatic priority: they are to be set for trial at the earliest possible date and take precedence over all other cases, except older matters of the same character and matters given special precedence by other law.
Subdivision (b) narrows that priority when the plaintiff wants more than a bare declaration. If the action seeks any additional relief along with the declaration of rights and duties, that heightened precedence is available only on a noticed motion, and only if the plaintiff makes a showing that the action truly requires a speedy trial.
This calendar preference reflects the underlying purpose of declaratory relief: resolving uncertainty over legal rights promptly, before it causes further harm, rather than letting that uncertainty linger on a standard trial timeline.
Frequently Asked Questions
Do declaratory relief actions automatically get priority on the trial calendar?
A pure declaratory relief action does, under § 1062.3(a), except for older matters of the same character or matters entitled to special precedence by law.
What if I am also seeking damages along with a declaration of rights?
Then trial precedence is not automatic; § 1062.3(b) requires a noticed motion and a showing that the action requires a speedy trial.
What kind of cases can still go ahead of a declaratory relief action?
Older matters of the same character, and matters to which special precedence is given by other law.
Amendment History
Added by renumbering Section 1062a by Stats. 1980, Ch. 676, Sec. 66.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: declaratory relief trial precedence californiaspeedy trial declaratory judgment california