Rule 57.Declaratory Judgment

Rule 57 is a single paragraph doing three things.

First, it channels procedure: an action for a declaratory judgment under General Laws chapter 231A proceeds in accordance with these rules. The substantive right comes from the statute; the mechanics come from here.

Second, it removes an old objection. The existence of another adequate remedy does not preclude a judgment for declaratory relief where declaratory relief is appropriate. A party does not have to show that nothing else would work.

Third, it allows expedition: the court may order a speedy hearing of a declaratory judgment action and may advance it on the calendar.

A cross-reference worth noticing

The rule states that the right to trial by jury may be demanded under the circumstances and in the manner provided in Rules 38 and 39. In this ruleset Rule 38 is deleted and Rule 39 retains only subsection (c), which lets the court frame issues of fact for a jury in actions not triable of right by a jury. The sentence is inherited from the civil rule, and the surviving machinery it points to is Rule 39(c).