US Lawyer Database

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 […]