Miss. R. Civ. P. 57

(a) Procedure. Courts of record within their respective jurisdictions may declare

rights, status, and other legal relations regardless of whether further relief is or could be

claimed. The court may refuse to render or enter a declaratory judgment where such

judgment, if entered, would not terminate the uncertainty or controversy giving rise to the

proceeding.

The procedure for obtaining a declaratory judgment shall be in accordance with these

rules, and the right to trial by jury may be demanded 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 actions where it is appropriate.

The court may order a speedy hearing of an action for declaratory judgment and may

advance it on the calendar. The judgment in a declaratory relief action may be either

affirmative or negative in form and effect.

(b) When Available.

(1) Any person interested under a deed, will, written contract, or other writings

constituting a contract, or whose rights, status, or other legal relations are affected by a

statute, municipal ordinance, contract or franchise, may have determined any question of

construction or validity arising under the instrument, statute, ordinance, contract, or

franchise, and obtain a declaration of rights, status or other legal relations thereunder.

(2) A contract may be construed either before or after there has been a breach thereof.

Where an insurer has denied or indicated that it may deny that a contract covers a party’s

claim against an insured, that party may seek a declaratory judgment construing the contract

to cover the claim.

(3) Any person interested as or through an executor, administrator, trustee guardian

or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the

administration of a trust, or of the estate of a decedent, an infant, insolvent, or person under

a legal disability, may have a declaration of rights or legal relations in respect thereto:

(A) to ascertain any class of creditors, devisees, legatees, heirs, next of kin or others;

or,

(B) to direct the executors, administrators, or trustees, to do or abstain from doing any

particular act in their fiduciary capacity; or,

(C) to determine any question arising in the administration of the estate or trust,

including questions of construction of wills and other writings.

(4) The enumeration in subdivisions (1), (2) and (3) of this rule does not limit or

restrict the exercise of the general powers stated in paragraph (a) in any proceeding where

declaratory relief is sought in which a judgment will terminate the controversy or remove an

uncertainty.