No action or proceeding is open to objection on the ground that a declaratory judgment or decree is prayed for.
Rule 87.01.Courts May Grant Declaratory Judgments.
Part III · Rule 87: Declaratory Judgments · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceA lawsuit is never subject to objection merely because it asks the court for a declaratory judgment or decree instead of some other form of relief, confirming that declaratory judgment actions are a legitimate procedural path.
Full Text of Rule 87.01
Official Comment
Note: This rule is the same as the second sentence of Section 527.010, RSMo 1959, except for the addition of a preliminary clause. There is no question concerning the court’s power in this field, since the statutes are followed. Compare: Rule 57 of the Federal Rules of Civil Procedure.
Plain-English Summary
Rule 87.01 opens the declaratory judgment group with a simple statement of legitimacy. A party who files a declaratory judgment action — asking a court to declare rights or legal relations instead of ordering damages or an injunction — cannot have the case thrown out only because that is the type of relief being sought.
Before rules like this existed, some courts hesitated to entertain lawsuits that did not seek traditional damages or coercive relief. Rule 87.01 removes any doubt on that score for Missouri courts, confirming that a declaratory judgment action stands on equal footing with any other civil proceeding.
The rule itself is brief because the substantive power to grant declaratory relief, and the details of who can seek it and how, are spelled out in the rules that follow — Rule 87.02 through Rule 87.11. Rule 87.01 clears the doorway so those later rules can operate.
Frequently Asked Questions
Can a Missouri court reject a lawsuit just because it asks for a declaratory judgment?
No. Rule 87.01 states that no action is open to objection on that ground alone.
What is a declaratory judgment action?
It is a lawsuit that asks a court to declare the parties' rights or legal relations, instead of awarding damages or issuing an injunction.
Does Rule 87.01 say who can bring a declaratory judgment action?
No. That is addressed by Rule 87.02, which lists the categories of persons who may seek declaratory relief.
Why was a rule like 87.01 necessary?
It confirms, without qualification, that declaratory relief is an available and legitimate form of relief in Missouri courts, removing any doubt some courts once had about entertaining such suits.
Does Rule 87.01 guarantee a declaratory judgment will be granted?
No. It only confirms that seeking one is not itself objectionable; Rule 87.07 makes clear the court retains discretion over whether to grant the relief.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: declaratory judgment actiondeclaratory relief availabilitydeclaratory judgment proceduredeclaratory relief