Section 2 What Is a Declaratory Judgment?

• Library: Remedies 2006

Missouri originally adopted the Uniform Declaratory Judgments Act, 12 U.L.A. 313 and 12A U.L.A. 3 (1996), in 1939. It now appears in Rule 87 and Chapter 527, RSMo. Rule 87 and Chapter 527 are essentially the same.

The circuit courts of this state, within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.

Section 527.010, RSMo 2000.

Thus, Missouri courts are empowered to declare the legal rights and relationships of parties without ordering any other relief. Gutensohn v. Kansas City S. Ry. Co., 140 F.2d 950 (8^th Cir. 1994).

Declaratory judgment actions are not intended to take the place of, but rather to supplement, other available actions. State ex rel. Kansas City Bridge Co. v. Terte, 131 S.W.2d 587 (Mo. 1939); Kalberloh v. Stewart, 378 S.W.2d 820 (Mo. App. S.D. 1964).

It is generally accepted that a...