Rule 57.Declaratory judgments
Ch. VII: Judgment · Current through June 1, 2026 · Last verified September 9, 2026
Full Text of Rule 57
Plain-English Summary
The procedure for obtaining a declaratory judgment under the statute of this State is in accordance with these rules. And the existence of another adequate remedy does not preclude a declaratory judgment where one is appropriate.
The second half is the substantive one. A declaration is not a remedy of last resort, available only when nothing else will do — it is available when it is the right answer to the question the parties actually have, which is often whether something is so rather than what should be done about it.
The rule supplies procedure and leaves the grounds to the statute, which is the usual division of labour in this set: the legislature says when a court may act, and the rules say how.
Frequently Asked Questions
How do I seek a declaratory judgment in the Delaware Family Court?
By the procedure these rules provide; the grounds come from the State's declaratory judgment statute.
Can I get a declaration if another remedy exists?
Yes. The existence of another adequate remedy does not preclude a declaratory judgment where one is appropriate.