The procedure for obtaining a declaratory judgment pursuant to Article 26, Chapter 1, General Statutes of North Carolina, shall be in accordance with these rules, and the right to trial by jury may be demanded under the circumstances and in the manner provided in Rules 38 and 39. The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The court may order a prompt hearing of an action for a declaratory judgment and may advance it on the calendar.
Rule 57.Declaratory judgments.
Last verified July 3, 2026
In one sentenceRule 57 routes declaratory-judgment actions through the ordinary civil rules, confirms that having another remedy available doesn't block declaratory relief, and lets the court fast-track the case.
Full Text of Rule 57
Amendment History
(1967, c. 954, s. 1.)
Plain-English Summary
Rule 57 provides that the procedure for obtaining a declaratory judgment under Article 26, Chapter 1 of the General Statutes follows these rules generally, with the right to demand a jury trial available on the same terms as Rules 38 and 39 provide. The existence of another adequate remedy doesn't keep a court from entering a declaratory judgment where that relief is appropriate. The court may order a prompt hearing of a declaratory-judgment action and advance it on the calendar.
Frequently Asked Questions
Does a declaratory-judgment action follow a different procedure than other civil cases?
No. Rule 57 has it follow the same civil procedure rules generally, including the usual jury-trial demand procedure under Rules 38 and 39.
Can a party get a declaratory judgment if another remedy is available?
Yes. Rule 57 says the existence of another adequate remedy doesn't preclude declaratory relief where it's appropriate.
Can a declaratory-judgment action be scheduled ahead of other cases?
Yes. The court may order a prompt hearing and advance the action on the calendar.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 57). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: declaratory judgment procedurejury trial in declaratory judgment actionadvancing a case on the calendaradequate remedy at law declaratory judgmentdeclaratory relief