32-23 Declaratory Judgments
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<![CDATA[CHAPTER 32-23DECLARATORY JUDGMENTS32-23-01. Court of record may enter a declaratory judgment. A court of record withinits jurisdiction shall have power to declare rights, status, and other legal relations whether or not<br>further relief is or could be claimed. No action or proceeding shall be open to objection on the<br>ground that a declaratory judgment or decree is prayed for.The declaration may be eitheraffirmative or negative in form and effect, and such declaration shall have the force and effect of<br>a final judgment or decree.32-23-02. Power to construe contracts, statutes, and wills. Any person interestedunder a deed, will, written contract, or other writings constituting a contract, or whose rights,<br>status, or other legal relations are affected by a statute, municipal ordinance, contract, or<br>franchise, may have determined any question of construction or validity arising under the<br>instrument, statute, ordinance, contract, or franchise and may obtain a declaration of rights,<br>status, or other legal relations thereunder.32-23-03. Construction before or after breach. A contract may be construed eitherbefore or after there has been a breach thereof.32-23-04. Rights in trust or estate determined. Any person interested as or through apersonal representative, trustee, guardian, conservator, or other fiduciary, creditor, devisee, heir,<br>next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an<br>infant, a mentally ill or deficient person, or an insolvent, may have a declaration of rights or legal<br>relations in respect thereto:1.To ascertain any class of creditors, devisees, heirs, next of kin, or others;2.To direct the personal representatives or trustees to do or abstain from doing any<br>particular act in their fiduciary capacity; or3.To determine any question arising in the administration of the estate or trust,<br>including questions of construction of wills and other writings.32-23-05.Enumeration not exclusive.The enumeration of powers in sections32-23-02, 32-23-03, and 32-23-04 does not limit or restrict the exercise of the general powers<br>conferred in section 32-23-01, in any proceeding in which declaratory relief is sought in which a<br>judgment or decree will terminate the controversy or remove an uncertainty.32-23-06. Entering of declaratory judgment discretionary with court - Exception.The court may refuse to render or enter a declaratory judgment or decree if such judgment or<br>decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to<br>the proceeding. However, the court shall render or enter a declaratory judgment or decree in an<br>action brought by or against an insurance company to determine liability of the insurance<br>company to the insured to defend, or duty to defend, although the insured's liability for the loss<br>may not have been determined.32-23-07. Review of declaratory judgment. All orders, judgments, and decrees underthis chapter may be reviewed as other orders, judgments, and decrees.32-23-08.Supplemental relief.Further relief based on a declaratory judgment ordecree may be granted whenever necessary or proper. The application therefor shall be by<br>petition to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the<br>court, on reasonable notice, shall require any adverse party whose rights have been adjudicated<br>by the declaratory judgment or decree to show cause why further relief should not be granted<br>forthwith.Page No. 132-23-09. Trial of issue of fact. When a proceeding under this chapter involves thedetermination of an issue of fact, such issue may be tried and determined in the same manner as<br>issues of fact are tried and determined in other civil actions in the court in which the proceeding is<br>pending.32-23-10. Costs. In any proceeding under this chapter, the court may make such awardof costs as may seem equitable and just.32-23-11. Parties. When declaratory relief is sought, all persons who have or claim anyinterest that would be affected by the declaration must be made parties, and a declaration may<br>not prejudice the rights of persons not parties to the proceeding. In any proceeding that involves<br>the validity of a municipal ordinance or franchise, the municipality must be made a party, and is<br>entitled to be heard, and if the statute, ordinance, or franchise is alleged to be unconstitutional,<br>the attorney general of the state must be served with a copy of the proceeding and is entitled to<br>be heard. Any trade or professional association authorized to do, and doing, business in the<br>state and whose members are licensed and regulated by state or federal agencies has standing<br>to bring an action for declaratory judgment to determine any question of construction or validity of<br>any statute, ordinance, resolution, rule, or regulation that threatens to injure its members.32-23-12. Construction of chapter. This chapter is remedial. Its purpose is to settleand to afford relief from uncertainty and insecurity with respect to rights, status, and other legal<br>relations, and it is to be construed and administered liberally.32-23-13. Definition of person. The word "person", wherever used in this chapter, shallbe construed to mean any person, partnership, limited liability company, joint-stock company,<br>unincorporated association, or society, or municipal or other corporation of any character<br>whatsoever.Page No. 2Document Outlinechapter 32-23 declaratory judgments]]>