US Lawyer Database

§ 12-1835 – Enumeration not exclusive

12-1835. Enumeration not exclusive The enumeration in sections 12-1832, 12-1833 and 12-1834 does not limit or restrict the exercise of the general powers conferred in section 12-1831, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.

§ 12-1836 – Discretionary

12-1836. Discretionary 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 proceeding.

§ 12-1837 – Review

12-1837. Review All orders, judgments and decrees under this article may be reviewed as other orders, judgments and decrees.

§ 12-1838 – Supplemental relief

12-1838. Supplemental relief Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by complaint or appropriate pleading 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 […]

§ 12-1839 – Jury trial

12-1839. Jury trial When a proceeding under this article 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.

§ 12-1840 – Costs

12-1840. Costs In any proceeding under this article the court may make such award of costs as may seem equitable and just.

§ 12-1841 – Parties; notice of claim of unconstitutionality

12-1841. Parties; notice of claim of unconstitutionality A. 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 proceeding. In any proceeding that involves the validity of a […]

§ 12-1842 – Construction

12-1842. Construction This article 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.

§ 12-1843 – Words construed

12-1843. Words construed The word " person" wherever used in this article shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.

§ 12-1844 – Provisions severable

12-1844. Provisions severable The several sections and provisions of this article except sections 12-1831 and 12-1832, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the article invalid or inoperative.