A declaratory judgment action may be maintained if all of the following conditions have been met:
Section 17-55.—Conditions for Declaratory Judgment
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceLists the three conditions a party must meet to maintain a declaratory judgment action: a real interest at stake, an actual and substantial dispute, and, if another remedy exists, court permission to proceed anyway.
Full Text of Section 17-55
(1) The party seeking the declaratory judgment has an interest, legal or equitable, by reason of danger of loss or of uncertainty as to the party’s rights or other jural relations;
(2) There is an actual bona fide and substantial question or issue in dispute or substantial uncertainty of legal relations which requires settlement between the parties; and
(3) In the event that there is another form of proceeding that can provide the party seeking the declaratory judgment immediate redress, the court is of the opinion that such party should be allowed to proceed with the claim for declaratory judgment despite the existence of such alternate procedure.
Amendment History
(P.B. 1978-1997, Sec. 390.) (Amended June 28, 1999, to take effect Jan. 1, 2000.)
Plain-English Summary
A declaratory judgment action may go forward only if all three conditions are met. First, the party seeking the judgment must have an interest, legal or equitable, arising from danger of loss or uncertainty about the party’s rights or other jural relations. Second, there must be an actual, bona fide, and substantial question or issue in dispute, or substantial uncertainty about legal relations, that requires settlement between the parties.
Third, if another form of proceeding exists that could give the party immediate redress, the action may still proceed only if the court decides that the party should be allowed to pursue the declaratory judgment claim despite that alternate procedure being available.
Frequently Asked Questions
What three conditions must be met to bring a declaratory judgment action?
The party must have a genuine interest tied to danger of loss or uncertainty about rights, there must be an actual and substantial dispute requiring settlement, and, if an alternate remedy exists, the court must find the party should be allowed to proceed anyway.
Can a party seek a declaratory judgment even if another remedy is available?
Yes, but only if the court is of the opinion that the party should be allowed to proceed with the declaratory judgment claim despite the existence of the alternate procedure.
Is a hypothetical disagreement enough to support a declaratory judgment action?
No. The rule requires an actual, bona fide, and substantial question or issue in dispute, or substantial uncertainty of legal relations requiring settlement between the parties.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 17-55). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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