What To Consider Before Filing For A Rule 57 Speedy Hearing

By Frederick Yarger, Ashley Johnson and Peter Baumann (September 12, 2019, 2:48 PM EDT) -- Declaratory judgment actions have existed for a century, and most jurisdictions — including over half the states — allow litigants to expedite claims for declaratory judgment through a mechanism known as a "speedy hearing." Despite the long history and widespread availability of this mechanism, however, there remains a "dearth" of case law explaining when parties may seek, and courts may order, a speedy hearing in a declaratory judgment case.[1]

Because of this absence of precedent, litigants in declaratory judgment cases often struggle to understand when a request for speedy hearing will be taken seriously by the courts and just how "speedy"...

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