US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2021 Tennessee Code » Title 29 - Remedies and Special Proceedings » Chapter 14 - Declaratory Judgments

§ 29-14-101. Definition of Person

“Person,” wherever used in this chapter, is construed to mean any person, partnership, joint stock company, trust, unincorporated association, or society, or municipal or other corporation of any character whatsoever.

§ 29-14-102. General Power of Courts

Courts of record within their respective jurisdictions have the power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative […]

§ 29-14-103. Construction of Statutes and Written Instruments

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 […]

§ 29-14-105. Fiduciary Powers and Duties

Any person interested as or through an executor, administrator, trustee, guardian, conservator 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, person adjudicated incompetent, or insolvent may have a declaration of rights or legal relations […]

§ 29-14-106. Enumeration of Powers Not a Restriction

The enumeration in §§ 29-14-103 — 29-14-105 does not limit or restrict the exercise of the general powers conferred in § 29-14-102, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.

§ 29-14-107. Parties to Proceedings

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be […]

§ 29-14-108. Issues of Fact

When a proceeding under this chapter 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.

§ 29-14-109. Refusal to Render Judgment

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceedings.

§ 29-14-110. Additional Relief

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the […]

§ 29-14-111. Costs

In any proceeding under this chapter, the court may make such award of cost as may seem equitable and just.

§ 29-14-112. Review

All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.

§ 29-14-113. Liberal Construction

This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered.