1 Michigan Civil Procedure Litigation Manual § 2.605-1

Summary

Rule 2.605 sets forth the general contours of the declaratory judgment device. A declaratory judgment permits a party, “in a case of actual controversy,” to file a complaint requesting that the court rule upon the legal status of a fact situation or relationship. Properly construed, a declaratory judgment is merely another form of relief that may be granted by the court. Other forms of relief, such as damages and injunctive relief, also remain available.

Unlike many other jurisdictions, the procedure of declaratory relief is not governed by statute. Instead, the predecessor Rule to MCR 2.605 superseded the Michigan statutory provision governing declaratory judgment many years ago. The current version of the Rule eliminates many of the strict formal requirements of declaratory judgments, such as the nonexistence of any other adequate remedy, and it expands the availability of the device to all Michigan courts of record. Municipal courts may not render ...