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Section 1 – Power to Make Declaratory Determination; Jury Questions

Section 1. The supreme judicial court, the superior court, the land court and the probate courts, within their respective jurisdictions, may on appropriate proceedings make binding declarations of right, duty, status and other legal relations sought thereby, either before or after a breach or violation thereof has occurred in any case in which an actual […]

Section 2 – Controversies to Which Declaratory Judgment Procedure Is Applicable

Section 2. The procedure under section one may be used to secure determinations of right, duty, status or other legal relations under deeds, wills or written contracts or other writings constituting a contract or contracts or under the common law, or a charter, statute, municipal ordinance or by-law, or administrative regulation, including determination of any […]

Section 3 – Grounds for Refusing Declaratory Judgment

Section 3. 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 proceedings or for other sufficient reasons. The reasons for such refusal shall be stated in the record. The failure to […]

Section 5 – Further Relief

Section 5. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition 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 rights have been adjudicated […]

Section 6 – Declaratory Relief in Other Actions

Section 6. In any action heretofore or hereafter brought to obtain a judgment or other consequential relief, whether such judgment or relief is granted or not, the court may make a binding determination as provided in this chapter upon application of any party made in his pleadings.

Section 7 – Costs

Section 7. In an action wherein a judgment or other consequential relief is sought, the costs shall not be affected by the making or refusal of any determination; but in an action for a determination only, under this chapter, costs shall be wholly in the discretion of the court.

Section 8 – Necessary Parties; Class Actions

Section 8. 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 by-law or of […]

Section 9 – Purpose and Construction of Declaratory Judgment Provisions

Section 9. This chapter is declared to be remedial. Its purpose is to remove, and to afford relief from, uncertainty and insecurity with respect to rights, duties, status and other legal relations, and it is to be liberally construed and administered. Nothing in this chapter shall be held to affect the jurisdiction of the land […]