The procedure for obtaining a declaratory judgment pursuant to the West Virginia Uniform Declaratory Judgments Act, Code chapter 55, article 13 [§ 55-13-1 et seq.], 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. A party may demand declaratory relief or coercive relief or both in one action. Further relief based on a declaratory judgment may be granted in the declaratory action or upon petition to any court in which the declaratory action might have been instituted. 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
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 57 folds declaratory-judgment actions under the West Virginia Uniform Declaratory Judgments Act into the ordinary rules of procedure, preserves the right to a jury trial where Rules 38 and 39 would otherwise provide it, allows declaratory relief even when another adequate remedy exists, and lets the court expedite the hearing.
Full Text of Rule 57
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia 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 January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
A declaratory judgment lets a party get a binding answer to a legal question — who owns the property, whether the contract is enforceable — without first having to suffer a breach or wait for a full-blown damages claim. Rule 57 doesn't create that remedy itself; the West Virginia Uniform Declaratory Judgments Act does. This rule folds the procedure for seeking one into the ordinary rules, including the right to demand a jury trial under Rules 38 and 39 when the circumstances call for it.
Having another remedy available — a breach-of-contract claim, for instance — doesn't block declaratory relief where it's an appropriate way to resolve the dispute. A party can seek a declaration alone, coercive relief (like damages or an injunction) alone, or both together in the same action, and further relief based on a declaratory judgment can be sought either in that same case or by petition to any court where the declaratory action could have been filed in the first place. Because these cases often resolve real uncertainty that's holding up other decisions, Rule 57 lets the court set an expedited hearing and move the case up on the calendar.
Frequently Asked Questions
What is a declaratory judgment?
A binding court ruling on a legal question — rights, status, or the meaning of a document — sought under the West Virginia Uniform Declaratory Judgments Act, without needing an accompanying claim for damages or other coercive relief.
Can I get a declaratory judgment if I also have another remedy available?
Yes. Rule 57 states that the existence of another adequate remedy doesn't preclude declaratory relief where it's appropriate.
Am I entitled to a jury trial in a declaratory judgment action?
You can demand one under the same circumstances and in the same manner Rules 38 and 39 already provide for any other civil action.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 57). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: declaratory judgmentdeclaratory relief West VirginiaUniform Declaratory Judgments Act