TITLE SEVEN — JUDGMENT
Rule 39. Declaratory Judgment
Actual Controversy Required. In a case of actual controversy within its jurisdiction, the court may declare the rights and other legal relations of any interested party, whether or not further relief is or could be sought. The controversy must be definite and concrete, touching the legal relations of parties having adverse legal interests, and must be of sufficient immediacy and reality to warrant the declaration. The court shall not enter a declaratory judgment upon a hypothetical state of facts, upon a question that is moot, or in the nature of an advisory opinion.
How Sought. A declaratory judgment may be sought by a complaint, a counterclaim, or a cross-claim, and may be joined with a claim for any other relief. A pleading seeking a declaratory judgment shall state the question presented, the facts giving rise to the controversy, the interest of each party in its resolution, and the declaration requested.
Other Remedies. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate.
Speedy Hearing. The court may order a speedy hearing of an action for a declaratory judgment and may advance it upon the calendar.
Discretion to Decline. The court may refuse to enter a declaratory judgment where:
the judgment would not terminate the uncertainty or controversy giving rise to the proceeding;
the question presented is not ripe, or the party seeking the declaration lacks a concrete and particular injury;
another action pending between the same parties in a court of this State would resolve the same issues;
the declaration is sought to obtain an opinion advising what the law would be upon a hypothetical state of facts, or to determine a question of law in the abstract; or
the declaration is sought for the purpose of delay, or to disturb a judgment or order from which relief must be sought under Rule 42.
The court shall state the ground upon which it declines.
Effect of a Declaratory Judgment. A declaratory judgment has the force and effect of a final judgment and is reviewable as such. It is binding upon the parties to the action and upon those in privity with them, and is conclusive as to the matters declared.
No Execution Upon a Declaration. A declaratory judgment does not of itself authorise any enforcement activity. No writ of execution shall issue upon a declaratory judgment under 7 R. Stat. § 132.119, no order of delinquency shall be entered upon it under 7 R. Stat. § 132.101, and no process under Rule 50 or Rule 51 shall issue upon it. A declaratory judgment is enforceable only through further relief granted under Rule 39(9), or through proceedings for contempt under Rule 53 where the judgment includes a coercive direction entered as further relief.
Further Relief. Further relief based upon a declaratory judgment may be granted whenever necessary or proper. The party seeking further relief shall proceed by motion in the action in which the declaration was entered, or, where that action has been closed, by a new action. The court shall require reasonable notice to any adverse party whose rights have been determined by the declaration, and shall afford an opportunity to be heard. Further relief may include damages, an injunction, specific performance, restitution, an award of costs and fees under Rule 41, or any other relief the party would be entitled to demand in an independent action. A judgment granting further relief is a judgment for all purposes of these rules and is enforceable as such.
Declaratory Relief Against the Government and Its Officers. A declaratory judgment may be entered against the State of Ridgeway, a county, a municipality, or an agency or department thereof, or against an officer in an official capacity, only to the extent permitted by 7 R. Stat. §§ 122.002 through 122.012. In an action brought against a judicial officer for an act or omission taken in that officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable, as provided by 7 R. Stat. § 121.403.
Administrative Court. The Administrative Court has power to issue declaratory relief when necessary, as provided by 3 R. Stat. § 141.011. Such relief is subject to Rule 39(8) and to the limitations of 3 R. Stat. §§ 141.008, 141.010, 141.012, and 141.013, and the procedure is governed by Rule 57.