Also known as: declaratory judgment · declaratory judgements · declaratory relief
Written by attorneys · grounded in primary & secondary sources — see below
A judicial remedy by which a court declares the rights and legal relations of the parties. The declaration resolves an actual controversy between adverse interests without ordering coercive relief or awarding damages. Availability turns on whether the requested declaration will terminate the uncertainty and whether another adequate remedy exists.
Employees at Duarte Shipping file a class action alleging the company applies a uniform overtime policy that violates federal wage law to all non-exempt workers. The complaint seeks only a declaration that the policy is unlawful. The court certifies the class under Rule 23(b)(2) because the company acted on grounds generally applicable to the class, making final declaratory relief appropriate for the class as a whole.
Dawson Steel owns a parcel subject to a recorded servitude requiring maintenance of a shared access road. Neighboring lot owner Dillon Energy refuses to contribute to repairs. Dawson Steel sues for a declaration that the servitude obligates Dillon Energy to share costs. The court issues the declaratory judgment as an appropriate remedy to enforce the servitude.
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Delilah Duran, a state university student, sues the state attorney general in federal court. She alleges that an ongoing enforcement policy violates her First Amendment rights. The complaint requests only a declaration that the policy is unconstitutional and an order requiring future compliance. The suit proceeds under the Ex parte Young doctrine.
Dylan Duffy, an individual eligible to vote, brings an action against the Federal Election Commission. He seeks a declaration that certain contribution limits are unconstitutional. The suit is filed as a declaratory judgment action under the special judicial review provisions applicable to the statute.
Destiny Davis, a pregnant single woman, joins a licensed physician in suing state officials. The complaint seeks a declaration that the criminal abortion statute is unconstitutional. The action is brought as one for declaratory and injunctive relief to resolve the controversy over the statute's validity.
Doris Duffy, a student publication editor, sues university officials after denial of funding. The complaint requests a declaration that the funding denial violates the First Amendment. The action proceeds as a declaratory judgment suit to determine the constitutionality of the university's policy.
Federal Rule of Civil Procedure 57 provides that the existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. The court may also order a speedy hearing of the declaratory-judgment action.
Rule 23(b)(2) permits certification when the opposing party has acted or refused to act on grounds generally applicable to the class, making final declaratory relief appropriate respecting the class as a whole. Individualized monetary claims are generally incompatible with this certification.
A servitude may be enforced by declaratory judgment among other remedies. Courts consider the nature and purpose of the servitude, the conduct of the parties, fairness, and the costs and benefits of enforcement when choosing the remedy.
Under the Ex parte Young doctrine, a suit for prospective declaratory relief may proceed against a state officer in federal court to require future compliance with federal law, because the officer is treated as stripped of state authority when acting unconstitutionally.
…Justices White and Rehnquist filed dissenting opinions. Syllabus This is an action by a pregnant single woman (Roe) for a declaratory judgment and injunctive relief against the Texas abortion laws, which make it a crime to procure or attempt an abortion except on medical advice for the purpose of saving the mother's life. A…