This article shall be known and may be cited as the “Uniform Declaratory Judgments Law”. Source: L. 23: p. 271, § 16. CSA: C. 93, § 92. CRS 53: § 77-11-15. C.R.S. 1963: § 77-11-15. Cross references: For declaratory judgments generally, see also C.R.C.P. 57.
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 it is to be liberally construed and administered. Source: L. 23: p. 270, § 12. CSA: C. 93, § 89. CRS 53: § 77-11-12. C.R.S. […]
As used in this article, unless the context otherwise requires: “Person” means any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever. Source: L. 23: p. 271, § 13. CSA: C. 93, § 90. CRS 53: § 77-11-13. C.R.S. 1963: § 77-11-13.
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. Source: L. 23: p. 271, § 15. CSA: C. 93, […]
Courts of record within their respective jurisdictions 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 either affirmative or […]
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 franchise and obtain a declaration […]
A contract may be construed either before or after there has been a breach thereof. Source: L. 23: p. 268, § 3. CSA: C. 93, § 80. CRS 53: § 77-11-3. C.R.S. 1963: § 77-11-3.
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, a mental incompetent, or an insolvent may have a declaration of rights or legal relations […]
The enumeration in sections 13-51-106 to 13-51-108 does not limit or restrict the exercise of the general powers conferred in section 13-51-105, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty. Source: L. 23: p. 269, § 5. CSA: C. 93, § […]
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. Source: L. 23: p. 269, § 6. CSA: C. 93, § 83. CRS 53: § 77-11-6. C.R.S. 1963: § 77-11-6.
All orders, judgments, and decrees under this article may be reviewed as other orders, judgments, and decrees. Source: L. 23: p. 269, § 7. CSA: C. 93, § 84. CRS 53: § 77-11-7. C.R.S. 1963: § 77-11-7.
Further relief based on a declaratory judgment or decree may be granted when necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the court, on reasonable notice, shall require any adverse party whose rights have been adjudicated by the […]
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 facts are tried and determined in other civil actions in the court in which the proceeding is pending. Source: L. 23: p. 270, § 9. CSA: C. […]
In any proceeding under this article, the court may make such award of costs as may seem equitable and just. Source: L. 23: p. 270, § 10. CSA: C. 93, § 87. CRS 53: § 77-11-10. C.R.S. 1963: § 77-11-10.
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 which involves the validity of a municipal ordinance or franchise, such municipality shall be […]
