Rule Text
(a) Caption. A plaintiff seeking only declaratory relief shall commence an action by filing a complaint captioned ‘‘Action for Declaratory Judgment.’’ The practice and procedure shall follow, as nearly as may be, the rules governing the civil action.
(b) Jury Trial Demand and Waiver. If the right to trial by jury of disputed issues of fact exists in such an action, it shall be deemed waived unless demanded in the time and manner provided by Rule 1007.1.
Amendment history: The provisions of this Rule 1601 amended December 16, 2004, effective July 1, 2004, 34 Pa.B. 9; amended November 3, 2023, effective January 1, 2024, 53 Pa.B. 7143. Immediately preceding text appears at serial page (302509).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When someone wants a court to officially declare their legal rights without asking for money or other relief, they file a special type of lawsuit called an "Action for Declaratory Judgment." This type of case follows the same basic rules as other civil lawsuits in Pennsylvania.
If there are facts in the case that a jury would normally decide, the person filing the lawsuit has the right to request a jury trial. However, if they do not ask for a jury trial at the right time and in the right way under Rule 1007.1, they lose that right automatically.
Committee Notes
This rule provides no specific guidance on the existence of a right to jury trial. See Pa.R.J.A. 109(g).
Section 7539(b) of the Judicial Code provides:
(b) Jury trial.—When a proceeding under this subchapter 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.
42 Pa.C.S. § 7539(b).
The existence of a right to jury trial on disputed issues of fact will be a matter of determination in each action where only declaratory relief is sought. If the right is claimed and disputed, the court must determine the question on the basis of the nature of the cause of action, the right to be enforced and the ‘‘other civil action’’ which would be brought to enforce it if declaratory judgment did not exist. The flexible Federal practice under Fed.R.Civ.P. 38, 39, and 57, including the procedure for the jury trial of selected issues, may be helpful. Pa.R.Civ.P. 1038.3 may also be applicable.
