When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and, if the statute, ordinance or franchise is alleged to be unconstitutional, the Attorney General of the state shall also be served with a copy of the proceeding and be entitled to be heard.
Rule 87.04.Joinder of Parties--Municipalities--Attorney General.
Part III · Rule 87: Declaratory Judgments · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceEveryone whose interest would be affected by a declaratory judgment must be joined as a party, and if the case involves a municipal ordinance or franchise, the municipality must be joined, with the Attorney General also served when a constitutional challenge is raised.
Full Text of Rule 87.04
Official Comment
Note: This rule is the same as Section 527.110, RSMo 1959.
Plain-English Summary
Rule 87.04 sets the joinder rule for declaratory judgment cases. Anyone who has, or claims, an interest that a declaration would affect must be made a party to the case. This protects absent interest-holders in the same way Rule 86.03 protects them in condemnation cases: a declaration cannot prejudice the rights of someone who was never brought into the proceeding.
The rule adds a special requirement for cases touching a municipal ordinance or franchise. The municipality itself must be joined as a party and is entitled to be heard on the question. And if the challenge goes further — arguing that a statute, ordinance, or franchise is unconstitutional — the Attorney General of Missouri must also be served with a copy of the proceeding and given the chance to be heard.
Together these requirements make sure that a declaration touching public law does not get decided without input from the government body whose ordinance is at stake, or from the state's chief legal officer when a constitutional question is on the table.
Frequently Asked Questions
Who must be joined as a party in a declaratory judgment action?
Everyone who has or claims an interest that would be affected by the declaration, so that the judgment does not prejudice the rights of anyone left out.
What happens if a case challenges a municipal ordinance?
The municipality must be made a party to the case and is entitled to be heard on the question.
When must the Attorney General be notified of a declaratory judgment case?
When the case alleges that a statute, ordinance, or franchise is unconstitutional, the Attorney General must be served with a copy of the proceeding and given the opportunity to be heard.
Can a declaratory judgment bind someone who was never made a party?
No. Rule 87.04 specifies that no declaration prejudices the rights of persons not made parties to the proceeding.
Does the Attorney General have to be served in every case involving a municipal ordinance?
Only when the ordinance, or an underlying statute or franchise, is alleged to be unconstitutional; otherwise the joinder requirement is limited to the municipality itself.
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 actionnecessary parties declaratory judgmentattorney general notice unconstitutional statutemunicipal ordinance challenge