The procedure for obtaining a declaratory judgment pursuant to 14 M.R.S.A. § §5951 – 5963 shall be in accordance with these rules, and the right to trial by jury is preserved 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.

Annotations:

Rule 57: Capodilupo v. Town of Bristol -1999 ME 96, 3, 730 A.2d 1257.

Rule 57: S.D. Warren Co. v. Town of Standish -1998 ME 66, 10.

Rule 57: Calderon v. Ashmus, 523 U.S. 740 (1998).

COMMENTS

§57.1 Declaratory Judgment: Burden of Proof.

In a declaratory judgment action, “[t]he party who asserts the affirmative of the controlling issues in the case, whether or not [that party] is the nominal plaintiff in the action, bears the risk of non-persuasion.” S.D. Warren Co. v. Town of Standish, 1998 ME 66, 10, 708 A.2d 1019, 1022.