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Rule 57.Declaratory Judgments.

Current through February 2024 · Last verified July 8, 2026

In one sentenceRule 57 says a declaratory judgment action follows the same civil procedure as any other case, preserves the right to demand a jury trial under Rules 38 and 39, and lets the court speed up the hearing when appropriate.

Full Text of Rule 57

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The procedure for obtaining a declaratory judgment authorized by statute 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 speedy hearing of an action for a declaratory judgment and may advance it on the calendar.

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 does not create a separate track for declaratory judgment cases. It tells the court to handle a declaratory judgment action — a suit asking the court to declare the parties’ rights or legal status rather than award damages or an injunction — the same way it handles any other civil case, following the same rules throughout.

A party still keeps the right to a jury trial in a declaratory judgment action, demanded the same way and under the same circumstances as in any other case under Rules 38 and 39.

Having another remedy available — a different lawsuit or claim that could resolve the dispute — does not by itself stop a court from granting declaratory relief where it fits the case. Because these actions often ask the court to settle rights before a bigger dispute develops, Rule 57 lets the court order a speedy hearing and move the case up on the calendar.

Frequently Asked Questions

Do declaratory judgment actions in Rhode Island follow different procedural rules?

No. Rule 57 directs that declaratory judgment actions follow the same rules as any other civil action authorized by statute; there is no separate procedural track.

Can you get a jury trial in a declaratory judgment case?

Yes. The right to a jury trial can be demanded in a declaratory judgment action under the same circumstances and in the same manner as in other actions, following Rules 38 and 39.

Does having another available remedy block a declaratory judgment claim?

No. Rule 57 says the existence of another adequate remedy does not prevent a court from granting declaratory relief in a case where it is appropriate.

Source & verification. The rule text is reproduced verbatim from the official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 57). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source
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