12-1831. Scope Courts of record within their respective jurisdictions shall have 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 […]
12-1832. Power to construe, etc. 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 […]
12-1833. Before breach A contract may be construed either before or after there has been a breach thereof.
12-1834. Personal representatives, etc.; declaration of rights Any person interested as or through a personal representative, administrator, trustee, guardian, conservator or other fiduciary, creditor, devisee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, ward, or insolvent, may have a declaration […]
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 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 All orders, judgments and decrees under this article may be reviewed as other orders, judgments and decrees.
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 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 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 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 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 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 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.
12-1845. Uniformity of interpretation This article shall be so interpreted and construed as to effectuate its general purpose 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.
12-1846. Short title This article may be cited as the uniform declaratory judgments act.
