In any proceeding under Rule 87 the court may make such award of costs as may be equitable and just.
Rule 87.09.Award of Costs.
Part III · Rule 87: Declaratory Judgments · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceIn any declaratory judgment proceeding, the court may award costs in whatever manner it finds equitable and just, instead of following a fixed rule about which party automatically bears them.
Full Text of Rule 87.09
Official Comment
Note: This rule is the same as Section 527.100, RSMo 1959, except for a reference to Rule 87 instead of to “statutory sections”.
Plain-English Summary
Rule 87.09 gives courts flexibility over costs in declaratory judgment cases. Instead of a fixed rule assigning costs to the losing party or to whoever filed the action, the court may award costs however it finds equitable and just under the circumstances of the case.
This discretion fits the nature of declaratory relief itself. Because declaratory judgment actions often involve parties who both have a legitimate interest in resolving an uncertainty — instead of one side clearly wronging the other — a rigid costs rule might not fit every case. Letting the court weigh what is fair gives it room to account for who needed the declaration and why the case was brought.
The rule applies across the entire Rule 87 group, covering any proceeding brought under the declaratory judgment rules, whether it concerns a contract, a statute, an agency rule, or an estate or trust matter.
Frequently Asked Questions
Who pays the costs of a declaratory judgment proceeding?
The court decides, awarding costs in whatever manner it finds equitable and just, instead of applying a fixed rule that assigns costs to one side automatically.
Does the losing party always pay costs in a declaratory judgment case?
Not necessarily. Rule 87.09 gives the court discretion instead of imposing an automatic rule tied to which party prevails.
Why does Rule 87.09 give courts more flexibility over costs than a typical damages case?
Declaratory judgment actions often involve parties with legitimate, competing interests in resolving an uncertainty, so a flexible, equitable approach to costs can better fit the case than a fixed rule.
Does Rule 87.09 apply to every type of case brought under Rule 87?
Yes, it applies broadly to any proceeding under Rule 87, regardless of the underlying subject matter.
Can a court decide that each party should bear its own costs?
Yes, the equitable and just standard in Rule 87.09 gives the court room to divide costs however it finds fair, including having each side bear its own.
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 reliefcosts in declaratory judgment actiondeclaratory judgment actionequitable cost award