Rule 57.Declaratory Judgments
Adopted December 1, 1959 · Last verified July 8, 2026
Full Text of Rule 57
Advisory Committee’s Notes & Reporter’s Notes
Explanation of Amendment
(Jan. 1, 1967)
The amendment effective January 1, 1967, updates the statutory references.
Reporter's Notes — December 1, 1959
This rule, which is substantially the same as Federal Rule 57, simply provides that actions under the declaratory judgment statute shall be in accordance with these rules.
A declaratory judgment action may be either legal or equitable in its nature. Maine Broadcasting Co. v. Eastern Trust & Banking Co., 142 Me. 220, 49 A.2d 224. If it is legal in nature, the right to trial by jury is preserved.
Plain-English Summary
A declaratory judgment action proceeds under the same civil rules as any other case, following the procedure set out in Maine's declaratory judgment statute. The jury-trial right is preserved exactly as it would be for a similar non-declaratory claim under Rules 38 and 39, and the mere existence of another adequate remedy does not, by itself, block a court from granting declaratory relief where that relief fits the case. Because declaratory actions often exist to resolve uncertainty before it causes real harm, the rule lets the court order a speedy hearing and move the case ahead of others on the calendar.
Frequently Asked Questions
Does filing for a declaratory judgment follow different procedures than an ordinary lawsuit?
No, a declaratory judgment action follows the same civil rules as any other action, applying Maine's declaratory judgment statute within that same procedural framework.
Is the right to a jury trial available in a declaratory judgment action?
Yes, preserved under the same circumstances and in the same manner as in any other action, under Rules 38 and 39.
Can a party get a declaratory judgment even if another remedy is available?
Yes, having another adequate remedy does not preclude declaratory relief in cases where that relief is appropriate.