78B-6-401. Jurisdiction of district courts — Form — Effect. (1) Each district court has the power to issue declaratory judgments determining rights, status, and other legal relations within its respective jurisdiction. An action or proceeding may not be open to objection on the ground that a declaratory judgment or decree is prayed for. (2) The […]
78B-6-402. Court’s general powers. The provisions of Sections 78B-6-408, 78B-6-409, and 78B-6-410 do not limit or restrict the exercise of the general powers conferred in Section 78B-6-401 in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty. Renumbered and Amended by Chapter 3, […]
78B-6-403. Parties. (1) 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 a declaration may not prejudice the rights of persons not parties to the proceeding. (2) In any proceeding which involves the validity of a municipal or county […]
78B-6-404. Discretion to deny declaratory relief. The court may refuse to render or enter a declaratory judgment or decree where a judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. Renumbered and Amended by Chapter 3, 2008 General Session
78B-6-405. Appeals and reviews. All orders, judgments, and decrees under this part may be reviewed in the same manner as other orders, judgments, and decrees. Renumbered and Amended by Chapter 3, 2008 General Session
78B-6-406. Supplemental relief. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application for further relief shall be by petition to a court having jurisdiction to grant the relief. If the application is considered sufficient, the court shall, on reasonable notice, require any adverse party, whose rights […]
78B-6-407. Trial of issues of fact. When a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried in the court in which the proceeding is pending and determined in the same manner as issues of fact are tried and determined in other civil actions in the court. […]
78B-6-408. Rights, status, legal relations under instruments, or statutes may be determined. A person with an interest in a deed, will, or written contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may request the district court to determine any question of construction or validity […]
78B-6-409. Contracts. A contract may be construed before or after there has been a breach. Renumbered and Amended by Chapter 3, 2008 General Session
78B-6-410. Suit by fiduciary or representative. Any person interested as or through an executor, administrator, trustee, guardian, 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, lunatic, or insolvent, may petition the court for a […]
78B-6-411. Costs. In any proceeding under this part the court may make an award of costs it considers equitable and just. Renumbered and Amended by Chapter 3, 2008 General Session
78B-6-412. Chapter to be liberally construed. This chapter is 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. Renumbered and Amended by Chapter 3, 2008 General Session
