The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
Rule 87.07.Judgment Discretionary.
Part III · Rule 87: Declaratory Judgments · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceA court has discretion to refuse to enter a declaratory judgment or decree if doing so would not resolve the uncertainty or controversy that led the parties to seek that relief in the first place.
Full Text of Rule 87.07
Official Comment
Note: This rule is the same as Section 527.060, RSMo 1959.
Plain-English Summary
Rule 87.07 gives Missouri courts an important safety valve. Even when a party is otherwise entitled to seek declaratory relief under Rule 87.02, the court is not required to grant it. If entering the judgment would not settle the uncertainty or end the controversy that brought the parties to court, the court may decline to enter it at all.
This discretion exists because declaratory relief is meant to resolve disputes, not to generate an advisory opinion or a partial ruling that leaves the real conflict unresolved. If the declaration the plaintiff seeks would not put the underlying dispute to rest, a court can decide that the relief is not worth granting.
This rule connects directly to Rule 87.01, which confirms declaratory relief is generally available, and Rule 87.08, which describes the binding effect a declaratory judgment has once it is entered. Rule 87.07 sits between those two ideas, giving courts the flexibility to decline relief that would not accomplish anything useful.
Frequently Asked Questions
Is a court required to grant a declaratory judgment whenever it is requested?
No. Rule 87.07 gives the court discretion to refuse if the judgment would not resolve the underlying uncertainty or controversy.
Why would a court refuse to enter a declaratory judgment?
If the declaration sought would not terminate the controversy or remove the uncertainty that led to the lawsuit, the court may decide entering it serves no useful purpose.
Does this discretion apply to every type of declaratory judgment case?
The rule speaks generally to declaratory judgments and decrees, so the court's discretion applies across the range of cases covered by Rule 87.
Can a party appeal a court's refusal to enter a declaratory judgment?
Rule 87.11 provides that orders, judgments, and decrees under Rule 87 may be reviewed the same as any other order, judgment, or decree.
Does Rule 87.07 mean declaratory relief is rarely granted?
No, it preserves judicial discretion for the narrower situation where the requested declaration would not resolve the dispute; it is not a general limit on declaratory 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 reliefdiscretionary declaratory judgmentcourt refusal to decidedeclaratory judgment action