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Rule 57.Declaratory Judgments

Adopted December 1, 1959 · Last verified July 8, 2026

In one sentenceRule 57 folds Maine's declaratory judgment statute into the ordinary civil rules, preserves the right to a jury trial on a declaratory claim the same as on any other, and lets a party who has another available remedy still seek declaratory relief when that relief is appropriate.

Full Text of Rule 57

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The procedure for obtaining a declaratory judgment pursuant to 14 M.R.S.A. §§ 5951-5963 shall be in accordance with these rules, and the right to trial by jury is preserved under the circumstances and in the manner provided in 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.

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.

Source & verification. The rule text and Advisory Committee’s Notes / Reporter’s Notes are reproduced verbatim from the official Maine Rules of Civil Procedure (Me. R. Civ. P. 57), prescribed by the Supreme Judicial Court of Maine (4 M.R.S. § 8, the Rules Enabling Act). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source
Also known as: declaratory judgment Mainedeclaratory relief jury trial