The procedure for obtaining a declaratory judgment pursuant to the statute of this State shall be in accordance with these Rules, and the right to trial by jury may be demanded under the circumstances and in the manner provided by Rules 38 and 39. The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The Court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar.
Rule 57.Declaratory judgments
Part VII: Judgment · Not amended since adoption on record · Last verified July 28, 2026
In one sentenceRule 57 directs that a declaratory judgment action proceed under these same rules, preserves the jury-trial right Rules 38 and 39 allow, confirms that having another adequate remedy doesn't bar declaratory relief, and lets the Court speed up the hearing and the calendar.
Full Text of Rule 57
Plain-English Summary
Rule 57 is short, and it borrows an existing procedure instead of inventing a new one. A party seeking a declaratory judgment under Delaware's declaratory judgment statute follows the same rules that govern every other civil action, including the usual mechanics for pleading, service, and discovery. Nothing about seeking declaratory relief creates a separate procedural track.
Two substantive points round out the rule. A party can still demand a jury trial in a declaratory judgment action, under the same circumstances and in the same manner Rules 38 and 39 provide for any other action. And the existence of some other adequate remedy — a damages claim, an injunction, or anything else — doesn't by itself block a court from granting declaratory relief where declaratory relief is the appropriate response to the dispute.
Rule 57 also gives the Court a scheduling tool unique to a declaratory judgment action: it may order a speedy hearing and advance the case on the calendar ahead of other matters. That reflects the practical reason parties often seek a declaration in the first place — to resolve uncertainty about rights or obligations before it causes more harm, not after.
Frequently Asked Questions
Does a declaratory judgment action in Delaware follow different procedural rules?
No. Rule 57 requires that the procedure for obtaining a declaratory judgment follow these same Rules of Civil Procedure, the same as any other civil action.
Can I get a jury trial in a declaratory judgment action?
Yes. Rule 57 preserves the right to demand a jury trial under the circumstances and in the manner Rules 38 and 39 provide.
If I have another remedy available, can a court still refuse to grant declaratory relief?
Rule 57 states that the existence of another adequate remedy doesn't preclude a judgment for declaratory relief in cases where declaratory relief is appropriate, so having another remedy available isn't by itself a bar.
Can a declaratory judgment case move faster than other civil cases?
Rule 57 lets the Court order a speedy hearing of a declaratory judgment action and advance it on the calendar, ahead of the normal schedule.
What statute governs declaratory judgments in Delaware, and what does Rule 57 add?
Rule 57 doesn't create the declaratory judgment remedy itself — it points to "the statute of this State" as the source of that remedy and supplies the procedural rules and scheduling options that apply once an action is brought under it.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
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