These rules govern the procedure for obtaining a declaratory judgment under N.D.C.C. Chapter 32-23. Rules 38 and 39 govern a demand for a jury trial. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. The court may order a speedy hearing of a declaratory-judgment action.
Rule 57.Declaratory Judgments
Group VII: Judgment · Last amended March 1, 2011 · Last verified July 15, 2026
In one sentenceRule 57 confirms that a party can pursue a declaratory judgment in North Dakota courts under the state's declaratory judgment statute even though another remedy exists, folds the jury-demand rules from Rules 38 and 39 into that kind of action, and lets the court order a speedy hearing when the case calls for one.
Full Text of Rule 57
Explanatory Note
Rule 57 was amended, effective March 1, 2011. Rule 57 is derived from Fed.R.Civ.P. 57. Rule 57 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal
Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Plain-English Summary
Rule 57 is a short rule that ties this state's declaratory judgment actions, brought under N.D.C.C. Chapter 32-23, into the rest of civil procedure. It doesn't create its own separate jury-demand mechanism; instead it points to Rules 38 and 39, the same rules that govern a jury demand in any other civil action, since a declaratory judgment case can turn out to have either a jury or nonjury character depending on what's at stake.
The rule also removes a potential roadblock: the existence of another adequate remedy doesn't stop a court from granting a declaratory judgment that's otherwise appropriate. A party isn't forced to wait for a breach or an injury to happen, or to pursue some other form of relief instead, just because that alternative exists somewhere on paper.
Finally, Rule 57 lets the court order a speedy hearing of a declaratory judgment action. Because these cases often exist to clear up rights and legal relations before a dispute escalates further, the rule gives the court room to move the case along faster than an ordinary docket would allow.
Frequently Asked Questions
What law governs declaratory judgment actions in North Dakota?
Rule 57 states that these rules govern the procedure for obtaining a declaratory judgment under N.D.C.C. Chapter 32-23.
Do I lose my ability to get a declaratory judgment just because another remedy is available to me?
No. Rule 57 specifically states that the existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate.
Can I request a jury trial in a declaratory judgment action?
Yes. Rule 57 points to Rules 38 and 39, the same rules that govern a jury trial demand in any other civil action, to handle the jury question in a declaratory judgment case.
Can I ask the court to move quickly on a declaratory judgment case?
Yes. Rule 57 allows the court to order a speedy hearing of a declaratory judgment action.
Is a declaratory judgment action a completely separate track from an ordinary civil lawsuit?
No. Rule 57 folds it into the existing rules — it borrows the jury-demand procedure from Rules 38 and 39 rather than setting up something new, and otherwise proceeds under the same civil rules as any other action.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
Also known as: nd declaratory judgment ruledeclaratory judgment jury demand north dakotaspeedy hearing declaratory judgment ndnd rule 57 procedure