When a proceeding under Rule 87 involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
Rule 87.06.Issue of Fact--How Tried.
Part III · Rule 87: Declaratory Judgments · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceWhen a declaratory judgment proceeding requires resolving a disputed fact, that fact issue is tried the same way factual issues are tried in any other civil case pending in the same court.
Full Text of Rule 87.06
Official Comment
Note: This rule is the same as Section 527.090, RSMo 1959, except for a reference to Rule 87 instead of to “statutory sections”.
Plain-English Summary
Rule 87.06 keeps declaratory judgment procedure consistent with ordinary civil practice on one specific point: how disputed facts get resolved. A declaratory judgment case is not limited to questions of law. Sometimes the parties disagree about what happened, or about facts underlying the rights the plaintiff wants declared.
When that happens, Rule 87.06 directs that the factual issue be tried and determined the same way any other fact issue would be tried in that court — through the ordinary processes of a civil trial, whether before a judge or a jury as those processes normally allow.
The rule is brief because its purpose is narrow: it confirms that declaratory judgment cases do not need a special fact-finding procedure of their own. They plug into the same trial process used throughout Missouri civil litigation.
Frequently Asked Questions
What happens if the parties in a declaratory judgment case disagree about the facts?
The disputed fact issue is tried and determined the same way fact issues are tried in other civil actions in that court.
Does a declaratory judgment case use a special procedure for resolving facts?
No. Rule 87.06 ties fact-finding in a declaratory judgment case to the ordinary civil trial process instead of creating a separate procedure.
Can a jury decide disputed facts in a declaratory judgment action?
The rule allows fact issues to be tried the same way as in other civil actions in the court, which includes whatever jury trial procedures ordinarily apply there.
Does Rule 87.06 apply to legal questions as well as factual ones?
The rule specifically addresses issues of fact; legal questions in a declaratory judgment case are resolved through the ordinary judicial process, not through Rule 87.06 itself.
Why is Rule 87.06 necessary if courts already know how to try facts?
It removes any doubt that a declaratory judgment proceeding, despite seeking a different form of relief, still uses the same fact-trial procedures as any other civil case.
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 actionfact issues in declaratory judgmentjury trial declaratory reliefdeclaratory relief