Rule 57.Declaratory judgments
Current through July 1, 2026 · Last verified July 13, 2026
Full Text of Rule 57
Amendment History
This rule’s current text took effect January 1, 1970. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Trial Rule 57 is short, and its brevity is the point: a lawsuit seeking a declaratory judgment — a court ruling that settles the parties’ rights or legal relations rather than awarding damages or ordering specific conduct — does not need its own separate procedure. It follows the same rules as any other Indiana civil case, from filing through trial. The rule preserves one important right along the way: a party can still demand a jury under the circumstances and in the manner Trial Rules 38 and 39 already provide, so classifying a case as a declaratory judgment action does not, by itself, turn it into a judge-only proceeding.
The rest of the rule clears away doubts about when declaratory relief is available. Having another adequate remedy — a damages claim, an injunction, or some other option — does not by itself block a request for declaratory relief in a case where that relief is appropriate, though the court retains discretion over whether it fits the situation. Declaratory relief is available even when no property right is at stake, so the remedy is not confined to disputes over land, leases, or similar interests. And once a court establishes a party’s right through a declaratory judgment, the rule allows further affirmative relief under that same remedy, so a declaration of rights does not have to be the end of the case. Finally, because these actions often exist to resolve uncertainty before it causes more harm, the rule lets a court order a speedy hearing and advance a declaratory judgment case ahead of others on its calendar.
Frequently Asked Questions
What is a declaratory judgment?
It is a court ruling that settles the parties’ legal rights or status without necessarily awarding damages or ordering anyone to do anything. Trial Rule 57 folds this kind of action into Indiana’s ordinary civil procedure rather than creating a separate track for it.
Do I need to follow a special procedure to file a declaratory judgment lawsuit in Indiana?
No. Trial Rule 57 says the procedure for obtaining a declaratory judgment follows these rules — the same complaint, service, and pleading process used in any other Indiana civil case.
Can I get a jury trial in a declaratory judgment case?
Yes, when the underlying issue calls for one. Trial Rule 57 preserves the right to demand a jury under the circumstances and in the manner Trial Rules 38 and 39 already provide, rather than treating a declaratory judgment case as automatically decided by a judge alone.
Can a court refuse to hear my declaratory judgment case just because I could have sued for something else instead?
Not on that basis alone. Trial Rule 57 states that the existence of another adequate remedy does not preclude declaratory relief in cases where that relief is appropriate, though the court still has discretion over whether declaratory relief fits the situation.
Do I need to own property or have a property right to ask for declaratory relief?
No. Trial Rule 57 expressly allows declaratory relief even though a property right is not involved, so the remedy is not limited to disputes over land, contracts tied to property, or similar interests.
Once a court declares my rights, can I still get damages or other relief?
Yes. Trial Rule 57 allows affirmative relief under a declaratory judgment once the right to it is established, so a declaration of rights does not have to be the last word in the case.
Can I ask the court to move my declaratory judgment case along faster than a typical lawsuit?
Yes. Trial Rule 57 lets the court order a speedy hearing for a declaratory judgment action and advance it on the calendar ahead of other cases.