Rule 57. Declaratory Judgments

• Library: South Carolina Rules Annotated (SCBar) (2021 Ed.)

RULE 57. DECLARATORY JUDGMENTS

The procedure for obtaining a declaratory judgment pursuant to Code §15-53-10 through §15-53-140, 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. The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar.

Notes:

This is the same as the language of Federal Rule 57 except that the appropriate State Code references are substituted for the Federal statute.

Annotations Rule 57

57

Appeal

"Declaratory judgment actions are neither legal nor equitable and, therefore, the standard of review depends on the nature of the underlying issues." "Further, '[w]hen a suit involves both legal and equitable issues, each cause of action retains its own identity as legal or equitable for purposes of the applicable standard of review on appeal.'" Miller v. Dillon, 432 S.C. 197, 205-6, 851 S.E.2d 462, 467 (Ct. App. 2020).

"The decision to grant a declaratory judgment is a matter within the sound discretion of the trial court and will not be disturbed on appeal absent a clear showing of abuse." Eargle v. Horry County, 335 S.C. 425, 517 S.E.2d 3 (Ct. App. 1998).

"In an action tried in equity by a special referee alone, the appellate court may view the evidence in accordance with its own view of the preponderance of the evidence, though it is not required to disregard the findings of the lower court." McDaniel v. S.C. Dept. of Public Safety, 325 S.C. 405, 409, 481 S.E.2d 155, 157 (Ct. App. 1996).

"In an action at law tried without a jury, findings of fact made by the trial court have the same force and effect as those of a jury; that is, the court's findings will not be disturbed on appeal unless without evidence which reasonably supports the judge's findings." U.S. Fire Insurance Co. v. Macloskie, 320 S.C. 459, 465 S.E.2d 759, 761 (Ct. App. 1995).

"The decision to grant a declaratory judgment is a matter which rests in the sound discretion of the trial court and will not be disturbed absent a clear showing of abuse." Garris v. Governing Board of SC Reinsurance Facility, 319 S.C. 388, 461 S.E.2d 819, 820-21 (1995).

Compared to Res Judicata

A declaratory judgment is not res judicata as to matters not at issue and not passed upon in the declaratory judgment action. Robison v. Asbill, 328 S.C. 450, 492 S.E.2d 400, 401 (Ct. App. 1997).

Generally

""A suit...