Rule 57.Declaratory Judgments.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 57
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Rule 57 is short because it borrows. The declaratory judgment itself has to be authorized by statute; this rule supplies only the procedure, and that procedure is the one these rules set for any other action. Pleading, service, motion practice and entry of judgment work the same way they do elsewhere in this ruleset.
The second sentence removes a common objection. Having another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. A party asking the court to declare rights does not have to show that nothing else would work.
The last sentence matters when a live dispute is holding something up. The court may order a speedy hearing of a declaratory judgment action and advance it on the calendar. Rule 56 also reaches these cases from both sides: a party seeking a declaratory judgment, and a party against whom one is sought, may each move for summary judgment.
Frequently Asked Questions
Does Rule 57 by itself give me the right to a declaratory judgment?
No. The rule addresses a declaratory judgment authorized by statute and supplies only the procedure for obtaining it. The authority to declare rights has to come from a statute; Rule 57 tells you how to ask.
Can I ask for a declaration if I could sue for something else instead?
Yes. The rule states that the existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate.
Can a declaratory judgment case be heard faster than other cases?
It can. The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar.
How do I start a declaratory judgment case in family court?
The same way you bring any other case here. The procedure is in accordance with these rules, so filing, service, motion practice and entry of judgment follow the ordinary steps rather than a separate track.