The procedure for obtaining a declaratory judgment pursuant to chapter 21-24, shall be in accordance with this chapter, and the right to trial by jury may be demanded under the circumstances and in the manner provided in §§ 15-6-38 and 15-6-39. 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.
Rule 57.Declaratory Judgments
Part VII: Judgment · Last amended 1966 · Last verified July 16, 2026
In one sentenceRule 15-6-57 folds declaratory judgment actions authorized by chapter 21-24 into the ordinary rules of civil procedure, preserves the right to a jury trial, confirms that having another remedy available does not block declaratory relief, and lets the court expedite the case.
Full Text of Rule 15-6-57
Plain-English Summary
Rule 15-6-57 is short because it mostly points elsewhere. Declaratory judgment actions in South Dakota are authorized by chapter 21-24, and this rule folds the procedure for pursuing them into the same civil procedure rules that govern every other civil case, rather than creating a separate track. A party’s right to a jury trial in a declaratory judgment action is preserved the same way it would be demanded in any other case, under the circumstances Rules 15-6-38 and 15-6-39 describe.
The rule also removes a potential obstacle to declaratory relief. Just because a party could pursue some other adequate remedy does not mean a court has to turn away a request for a declaratory judgment — where declaratory relief is appropriate, the existence of another option does not preclude it. And because declaratory judgment actions often exist to resolve uncertainty quickly, the rule lets the court order a speedy hearing and move the case ahead of others on the calendar.
Frequently Asked Questions
Do the regular South Dakota civil procedure rules apply to a declaratory judgment action?
Yes. Rule 15-6-57 states that the procedure for obtaining a declaratory judgment under chapter 21-24 follows this same chapter of civil procedure rules.
Can I get a declaratory judgment in South Dakota if I also have another legal remedy available?
Yes. Rule 15-6-57 states that the existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where declaratory relief is appropriate.
Am I entitled to a jury trial in a South Dakota declaratory judgment case?
The right can be demanded under the same circumstances and in the same manner as in other civil actions, as provided in Rules 15-6-38 and 15-6-39, which Rule 15-6-57 cross-references.
Can a South Dakota court speed up a declaratory judgment case?
Yes. Rule 15-6-57 lets the court order a speedy hearing of a declaratory judgment action and advance it on the calendar.
What law authorizes declaratory judgment actions that Rule 15-6-57 governs the procedure for?
Chapter 21-24 of the South Dakota Codified Laws authorizes declaratory judgment actions; Rule 15-6-57 supplies the procedure for pursuing them.
Amendment History
—SD RCP, Rule 57, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
Also known as: south dakota declaratory judgment proceduredeclaratory judgment jury trial south dakotaspeedy hearing declaratory judgment south dakotachapter 21-24 declaratory judgment rule