Short answer. Yes. All persons who have or claim any interest that would be affected by the declaration must be made parties. Except as otherwise provided in the Rules, a declaration does not prejudice the rights of anyone who was not made a party to the action.

What the law says

All persons who have or claim any interest which would be affected by the declaration shall be made parties; and no declaration shall, except as otherwise provided in these Rules, prejudice the rights of persons not parties to the action.

Rule 63, Section 2 — Parties. Read the full provision →

A broad joinder requirement

Rule 63, Section 2 requires that all persons who have or claim any interest that would be affected by the declaration be made parties to the petition. This is a wide standard — it covers not just those with a confirmed interest, but also those who merely claim one, ensuring the court hears from everyone whose legal position could be shaped by the ruling. A petitioner asking a court to interpret a contract, for instance, generally has to bring in every signatory and anyone else claiming rights under that same instrument. Someone whose claimed interest later turns out to be mistaken or unfounded still counts for purposes of this joinder requirement, since the section speaks of persons who merely claim an interest, not only those whose interest is later proven valid.

Why declaratory relief needs everyone at the table

Declaratory relief is meant to settle uncertainty about rights or obligations before an actual breach occurs. If interested persons are left out, the declaration could resolve the legal question for the parties present while leaving the same uncertainty alive for others with a stake in it — undermining the very purpose of seeking a declaration in the first place. A ruling that binds only some of the interested parties leaves the underlying uncertainty only partially resolved, defeating the whole point of asking a court to clarify rights before a dispute actually erupts.

The binding effect only reaches actual parties

The second half of the section makes the consequence of incomplete joinder explicit: except as otherwise provided in the Rules, a declaration does not prejudice the rights of persons who were not made parties to the action. In other words, a non-party is simply not bound by a ruling they had no chance to participate in, which is precisely why bringing in every interested person at the outset matters — leaving someone out simply means the underlying question stays open for them, whatever the court decides for the parties actually before it. A petitioner who deliberately omits a person known to claim an interest, hoping to obtain a cleaner or faster ruling, therefore gains little in practice, since that same omitted person remains free to raise the identical question again later, entirely unaffected by whatever the court already decided.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.