Section 3 What Is the Procedure for Obtaining a Declaratory Judgment?

• Library: Remedies 2006

Declaratory judgment is an additional procedure for courts, and Missouri courts have consistently not allowed parties to confer jurisdiction by agreement. Land Clearance for Redevelopment Auth. of City of St. Louis v. City of St. Louis, 270 S.W.2d 58 (Mo. banc 1954).

Neither Chapter 527, RSMo, nor Rule 87 addresses venue; therefore, declaratory judgment actions are governed by the established rules of venue that relate to all actions generally.

Both Rule 87.04 and § 527.110, RSMo 2000, state that “[w]hen declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration . . . .” Rule 87.04 goes on to say that the municipality must be named as a party in an action involving the validity of a municipal ordinance or franchise. Rule 87.04 further provides that, if a party alleges that a statute, ordinance, or franchise is unconstitutional, the Attorney General must be served and allowed to be heard, but it does not say that the Attorney General must be made a party.

For the petition for declaratory judgment to be sufficient, it must plead facts showing that the plaintiff is entitled to a declaration of rights or status. Harris v. State Bank & Trust Co. of Wellston, 484 S.W.2d 177 (Mo. 1972). It must also allege facts that show the need for a judicial determination of a controversy rather than merely...