Rule 87 | Declaratory Judgments

First Adopted:

Most Recently Effective:

Rule 87 | Rules of Civil Procedure | Rules Relating to Special Actions | Declaratory Judgments

87.01 | Courts May Grant Declaratory Judgments

No action or proceeding is open to objection on the ground that a declaratory judgment or decree is prayed for.

Committee Note – 1959

Note: This rule is the same as the second sentence of Section 527.010, RSMo 1959, except for the addition of a preliminary clause. There is no question concerning the court's power in this field, since the statutes are followed.

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 87 | Rules of Civil Procedure | Rules Relating to Special Actions | Declaratory Judgments

87.02 | Who May Obtain Declaration of Rights or Other Legal Relations

(a) Persons Interested Under Deeds – Wills – Contracts – Statutes and the Like. Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.

(b) Trusts, Infants, Lunatics, Incompetents. Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic or insolvent, may have a declaration of rights or legal relations in respect thereto:

(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others; or

(2) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

(c) Declaratory Judgment in Respect to Agency Rules. The power of the courts of this state to render declaratory judgments shall extend to declaratory judgments respecting the validity of agency rules, or of threatened applications thereof, and such suits may be maintained against agencies whether or not the plaintiff has first requested the agency to pass upon the question presented.

(d) Enumeration Not Exclusive. The foregoing enumeration of instances in which persons may obtain relief by declaratory judgments is illustrative, and anyone may obtain such relief in any instance in which it will terminate a controversy or remove an uncertainty.

Committee Note – 1959

Note: This rule is substantially Sections 527.020, 527.040 and 527.050, RSMo 1959.


(Amended June 10, 1980, effective January 1, 1981.)

First Adopted:

Most Recently Effective:

Rule 87 | Rules of Civil Procedure | Rules Relating to Special Actions | Declaratory Judgments

87.03 | Contract May Be Construed - When

A contract may be construed either before or after there has been a breach thereof.

Committee Note – 1959

Note: This rule is the same as Section 527.030, RSMo 1959. See Statutes for Venue.

First Adopted:

Most Recently Effective:

Rule 87 | Rules of Civil Procedure | Rules Relating to Special Actions | Declaratory Judgments

87.04 | Joinder of Parties – Municipalities – Attorney General

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and, if the statute, ordinance or franchise is alleged to be unconstitutional, the Attorney General of the state shall also be served with a copy of the proceeding and be entitled to be heard.

Committee Note – 1959

Note: This rule is the same as Section 527.110, RSMo 1959.

First Adopted:

Most Recently Effective:

Rule 87 | Rules of Civil Procedure | Rules Relating to Special Actions | Declaratory Judgments

87.05 | "Person" Defined

The word "person", wherever used in Rule 87, shall be construed to mean any person (including a minor represented by a next friend or guardian ad litem, and any other person under disability lawfully represented), partnership, joint stock company, corporation, unincorporated association or society or municipal or other corporation of any character whatsoever.

Committee Note – 1959

Note: This rule is the same as Section 527.130, RSMo 1959, except for a reference to Rule 87 instead of to "article."

First Adopted:

Most Recently Effective:

Rule 87 | Rules of Civil Procedure | Rules Relating to Special Actions | Declaratory Judgments

87.06 | Issue of Fact – How Tried

When a proceeding under Rule 87 involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

Committee Note – 1959

Note: This rule is the same as Section 527.090, RSMo 1959, except for a reference to Rule 87 instead of to "statutory sections."

First Adopted:

Most Recently Effective:

Rule 87 | Rules of Civil Procedure | Rules Relating to Special Actions | Declaratory Judgments

87.07 | Judgment Discretionary

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

Committee Note – 1959

Note: This rule is the same as Section 527.060, RSMo 1959.

First Adopted:

Most Recently Effective:

Rule 87 | Rules of Civil Procedure | Rules Relating to Special Actions | Declaratory Judgments

87.08 | Form and Effect of Declaratory Judgment

A declaratory judgment may be either affirmative or negative in form and effect; and shall have the force and effect of a final judgment or decree.

Committee Note – 1959

Note: This rule is substantially the same as the last sentence in Section 527.010, RSMo 1959, though the wording is changed.

First Adopted:

Most Recently Effective:

Rule 87 | Rules of Civil Procedure | Rules Relating to Special Actions | Declaratory Judgments

87.09 | Award of Costs

In any proceeding under Rule 87 the court may make such award of costs as may be equitable and just.

Committee Note – 1959

Note: This rule is the same as Section 527.100, RSMo 1959, except for a reference to Rule 87 instead of to "statutory sections."

First Adopted:

Most Recently Effective:

Rule 87 | Rules of Civil Procedure | Rules Relating to Special Actions | Declaratory Judgments

87.10 | Further Relief May be Granted, When – Procedure

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith.

Committee Note – 1959

Note: This rule is identical with Section 527.080, RSMo 1959.

First Adopted:

Most Recently Effective:

Rule 87 | Rules of Civil Procedure | Rules Relating to Special Actions | Declaratory Judgments

87.11 | Review of Judgments and Decrees Under This Rule

All orders, judgments and decrees under Rule 87 may be reviewed as other orders, judgments and decrees.

Committee Note – 1959

Note: This rule is the same as Section 527.070, RSMo 1959, except for a reference to Rule 87 instead of to "statutory sections."