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RULE 57: DECLARATORY JUDGMENTS.

July 25, 2011

The procedure for obtaining a declaratory judgment pursuant to Tennessee Code Annotated, §29-14-101 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 necessarily 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.

Advisory Commission Comments. This Rule retains the substance of Tenn. Code Ann. § 29-14-101 et seq., but makes the procedure consistent with that provided for other actions under the Rules. It specifically provides for trial by jury of disputed issues of fact in the same forum. The discretionary provision for a speedy hearing is designated to avoid delay in the trial of pending suits. The right of trial by jury is not intended to restrict the discretion of the trial court in entertaining the action, but to provide a vehicle to decide disputed factual issues if the action is entertained.

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