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Section 3-401 – “Person” Defined

    In this subtitle, “person” includes the State, any county, municipal corporation, or other political subdivisions of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

Section 3-402 – Purpose and Construction of Subtitle

    This subtitle is remedial. Its purpose is to settle and afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations. It shall be liberally construed and administered.

Section 3-403 – Jurisdiction

    (a)    Except for the District Court, a court of record within its jurisdiction may declare rights, status, and other legal relations whether or not further relief is or could be claimed. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for.     (b)    The enumeration in §§ […]

Section 3-404 – Jury Trial

    The fact that a proceeding is brought under this subtitle does not affect a right to jury trial which otherwise may exist.

Section 3-405 – Parties; Role of Attorney General

    (a)    (1)    If declaratory relief is sought, a person who has or claims any interest which would be affected by the declaration, shall be made a party.         (2)    Except in a class action, the declaration may not prejudice the rights of any person not a party to the proceeding.     (b)    In any proceeding which involves the validity of a […]

Section 3-406 – Power to Construe

    Any person interested under a deed, will, trust, land patent, written contract, or other writing constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, administrative rule or regulation, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, […]

Section 3-408.1 – Land Patent Proceedings

    (a)    In this section, “Commissioner”, “land”, and “patent” have the same meanings as provided in Title 13 of the Real Property Article.     (b)    A court shall render a declaratory judgment in a land patent proceeding on being requested to do so under § 13-407 of the Real Property Article. The party filing for the declaratory judgment shall […]

Section 3-409 – Discretionary Relief

    (a)    Except as provided in subsection (d) of this section, a court may grant a declaratory judgment or decree in a civil case, if it will serve to terminate the uncertainty or controversy giving rise to the proceeding, and if:         (1)    An actual controversy exists between contending parties;         (2)    Antagonistic claims are present between the parties involved which […]

Section 3-410 – Costs

    In any proceeding under this subtitle the court may make such award of costs as may seem equitable and just.

Section 3-412 – Supplementary Relief

    (a)    Further relief based on a declaratory judgment or decree may be granted if necessary or proper.     (b)    An application for further relief shall be by petition to a court having jurisdiction to grant the relief.     (c)    If the application is sufficient, the court, on reasonable notice, shall require any adverse party whose rights have been adjudicated by […]

Section 3-413 – Severability

    The provisions of this subtitle, except the provisions of §§ 3-403(a), 3-406, and 3-411 of this subtitle, are severable. The finding by a court that a severable provision of this subtitle is invalid does not affect the validity or operation of the other provisions of this subtitle, unless the court finds that the lone remaining […]

Section 3-414 – Uniformity of Interpretation

    This subtitle shall be interpreted and construed to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.