§ 4711. Declaratory judgment; scope
Superior Courts within their jurisdictions shall have power to declare rights, status,
and other legal relations whether or not further relief is or could be claimed. An
action or proceeding shall not be open to objection on the grounds that a declaratory
judgment or decree is prayed for. The declaration may be either affirmative or negative
in form and effect. Such declarations shall have the force and effect of a final judgment
or decree. (Amended 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 81, eff. Feb. 1, 2011.)
§ 4712. Party plaintiff; power to construe
A 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 of rights, status, or other legal relations thereunder.
§ 4713. Before breach of contracts
A contract may be construed either before or after there has been a breach thereof.
§ 4714. Fiduciaries; executors
A 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 person
lacking mental capacity, or a person without financial resources, may have a declaration
of rights or legal relations in respect thereto:
(1) to ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;
or
(2) to direct the executors, administrators, or trustees to do or abstain from doing any
particular act in their fiduciary capacity; or
(3) to determine any question arising in the administration of the estate or trust, including
questions of construction of wills and other writings. (Amended 2013, No. 96 (Adj. Sess.), § 48.)
§ 4715. Construction; general powers of court
The enumeration in sections 4712-4714 of this title does not limit or restrict the exercise of the general powers conferred in section 4711 of this title, in any proceeding where declaratory relief is sought, in which a judgment or decree
will terminate the controversy or remove an uncertainty.
§ 4716. Refusal to enter judgment; discretion of court
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.
§ 4717. Review
All orders, judgments, and decrees under this chapter may be reviewed as other orders,
judgments, and decrees.
§ 4718. Further proceedings
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. When the application is deemed sufficient, on reasonable notice,
the court shall require any adverse party whose rights have been adjudicated by the
declaratory judgment or decree to show cause why further relief should not be granted
forthwith.
§ 4719. Jury trial
When a proceeding under this chapter involves the determination of an issue of fact,
or a mixed issue of law and fact, such issue may be tried in the court in which the
proceeding is pending and determined in the same manner as issues of fact and mixed
issues of law and fact are tried and determined in other civil actions, with the right
to trial by jury preserved to the parties, on any issue as to which such right would
have existed in an action for affirmative relief. (Amended 1963, No. 176, § 1; 1971, No. 185 (Adj. Sess.), § 130, eff. March 29, 1972.)
§ 4720. Costs
In any proceedings under this chapter, the court may make such award of costs as may
seem equitable and just.
§ 4721. Parties
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 made a party and shall be entitled to be heard. If the statute, ordinance, or
franchise is alleged to be unconstitutional, the Attorney General shall also be served
with a copy of the proceeding and be entitled to be heard.
§ 4722. Construction
This chapter 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.
§ 4723. Definition
The word “person” wherever used in this chapter shall be construed to mean any person,
partnership, joint stock company, unincorporated association or society, or municipal
or other corporation of any character whatsoever.
§ 4724. Separability of provisions
The several sections and provisions of this chapter, except sections 4711 and 4712,
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 chapter invalid
or inoperative.
§ 4725. Uniformity of interpretation
This chapter shall be so interpreted and construed as to effectuate its general purpose
to make uniform the law of those states which enact it, and as far as possible to
harmonize with federal laws and regulations on the subject of declaratory judgments
and decrees.