Pennsylvania Consolidated Statutes
42 Pa. Cons. Stat. § 7539 (2026)
Issues of fact.
✓ current as of May 2026
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§ 7539. Issues of fact.
(a) General rule.--Relief may be granted under this subchapter notwithstanding the fact that the purpose or effect of the proceeding, in whole or in part, is to resolve or determine a question of fact.
(b) Jury trial.--When a proceeding under this subchapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
Notes of Decisions
Cited in 12
cases (5 in the last 5 years), 1980–2024 · leading case: Chalkey v. Roush, 805 A.2d 491 (Pa. 2002).
Chalkey v. Roush, 805 A.2d 491 (Pa. 2002). “42 Pa.C.S. § 7539; see also Pa.R.C.P. 1601.”
Motorists Mut. Ins. Co. v. Pinkerton, 830 A.2d 958 (Pa. 2003). “42 Pa.C.S. § 7539; see also Pa.R.C.P. 1601.”
Allen v. Colautti, 417 A.2d 1303 (Pa. Commw. Ct. 1980). “Petitioners err in their argument that pursuant to the Declaratory Judgments Act, 42 Pa. C. S. §7539, the existence of a question of fact does not preclude the entry of summary judgment.”
Liberty Prop. Trust v. Day-Timers, Inc., 815 A.2d 1045 (Pa. Super. Ct. 2003). “42 Pa.C.S. § 7539; see also Pa.R.C.P. 1601.”
Sullivan v. Cnty. of Bucks, 499 A.2d 678 (Pa. Commw. Ct. 1985). “See also 42 Pa. C.S. §7539 and Pa. R.C.P. No. 1602.”
Hetrick v. Valley Mut. Ins., 15 Pa. D. & C.4th 271 (1992). “42 Pa.C.S. §7539. See generally Liberty Mut.”
Elliott Greenleaf v. DeMarco, R., No. 2862 EDA 2022 (Pa. Super. Ct. Sept. 1, 2023). “- 13 - J-A14017-23 Section 6 of the Pennsylvania Constitution, 42 Pa.C.S. § 7539(b), and Pa.R.C.P. 1601(b), he claims that he was entitled to a jury trial.”
Smith, J. v. United States Liab. Ins., No. 1287 EDA 2017 (Pa. Super. Ct. Aug. 15, 2018). “Based on that factual determination, the terms of the Policy, and the language of 42 Pa.C.S. § 7539, the Court properly declared the Policy void ab initio.”
In Re: Order Rescinding Rules 101, 102, 103, 104, 106, 107, 108, 127, 128, 129, 130, 131, 132, 133, 152, & 153, & Amending Rules 126, 237.1, 1007.1, 1020, 1601, & 225 of the Pennsylvania Rules of Civil Procedure, No. 747 Civil Procedural Rules Docket (Pa. Nov. 3, 2023). “42 Pa.C.S. § 7539(b). The existence of a right to jury trial on disputed issues of fact will be a matter of determination in each action where only declaratory relief is sought.”
Seguro Medico, LLC & A.W. Walsh v. M. Humphreys, 313 A.3d 298 (Pa. Commw. Ct. 2024). “” Section 7537 of the DJA, 42 Pa.C.S. § 7537. Finally, courts may resolve factual disputes necessary to determine whether it should grant the requested declaratory relief.”
K. Rogers v. Lycoming Cnty. Bd. of Commissioners, No. 161 C.D. 2023 (Pa. Commw. Ct. Jan. 26, 2024). “--Relief may be granted under this subchapter notwithstanding the fact that the purpose or effect of the proceeding, in whole or in part, is to resolve or determine a question of fact.”
New Morgan Landfill Co., Inc. v. Berks Cnty. Solid Waste Auth. & Cnty. of Berks, PA, No. 149 C.D. 2020 (Pa. Commw. Ct. Oct. 15, 2021). “(1975); see also 42 Pa. C.S. § 7539(b) (stating that when a declaratory judgment proceeding “involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court…”
42 Pa. Cons. Stat. § 7539(a): 1 case
K. Rogers v. Lycoming Cnty. Bd. of Commissioners, No. 161 C.D. 2023 (Pa. Commw. Ct. Jan. 26, 2024). “--Relief may be granted under this subchapter notwithstanding the fact that the purpose or effect of the proceeding, in whole or in part, is to resolve or determine a question of fact.”
42 Pa. Cons. Stat. § 7539(b): 3 cases
Elliott Greenleaf v. DeMarco, R., No. 2862 EDA 2022 (Pa. Super. Ct. Sept. 1, 2023). “- 13 - J-A14017-23 Section 6 of the Pennsylvania Constitution, 42 Pa.C.S. § 7539(b), and Pa.R.C.P. 1601(b), he claims that he was entitled to a jury trial.”
In Re: Order Rescinding Rules 101, 102, 103, 104, 106, 107, 108, 127, 128, 129, 130, 131, 132, 133, 152, & 153, & Amending Rules 126, 237.1, 1007.1, 1020, 1601, & 225 of the Pennsylvania Rules of Civil Procedure, No. 747 Civil Procedural Rules Docket (Pa. Nov. 3, 2023). “42 Pa.C.S. § 7539(b). The existence of a right to jury trial on disputed issues of fact will be a matter of determination in each action where only declaratory relief is sought.”
New Morgan Landfill Co., Inc. v. Berks Cnty. Solid Waste Auth. & Cnty. of Berks, PA, No. 149 C.D. 2020 (Pa. Commw. Ct. Oct. 15, 2021). “(1975); see also 42 Pa. C.S. § 7539(b) (stating that when a declaratory judgment proceeding “involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court…”
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