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Section 17-59.—Order of Priorities in Declaratory Judgment

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceA declaratory judgment action may be used to determine the order of priorities among claims in any case where that order could otherwise be settled through scire facias proceedings.

Full Text of Section 17-59

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In any action in which order of priorities could be determined under scire facias proceedings, such order of priorities may be determined by declaratory judgment proceedings. (See General Statutes § 52-235a.)

Amendment History

(P.B. 1978-1997, Sec. 394.) Sec. For previous Histories and Commentarie corresponding to the years o

Plain-English Summary

This rule lets parties use a declaratory judgment action as an alternative to scire facias proceedings when the goal is to establish the order of priorities among competing claims. It applies in any action where priorities could be determined under scire facias proceedings, and it references General Statutes § 52-235a.

Frequently Asked Questions

What is scire facias in relation to declaratory judgments in Connecticut?

Scire facias proceedings are one way to determine the order of priorities among claims; this rule allows declaratory judgment proceedings to be used instead in cases where scire facias would apply.

Can a declaratory judgment determine priority among competing claims?

Yes, in any action where the order of priorities could be determined under scire facias proceedings, that order may instead be determined through a declaratory judgment action.

Does this rule apply to every type of case?

No. It applies specifically to cases in which the order of priorities could be determined under scire facias proceedings.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 17-59). 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
Also known as: order of priorities declaratory judgment CTscire facias alternative Connecticutdeclaratory judgment priority of claimsPractice Book 17-59