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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-33-1 Jurisdiction of district courts - Form - Effect.
The district courts 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 either affirmative or negative in
form and effect; and such declaration shall have the force
and effect of a final judgment or decree.
1953
78-33-2 Rights, status, legal relations under instruments or statutes may be determined.
Any person interested under a deed, will or written 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.
1953
78-33-3 Contracts.
A contract may be construed either before or after there
has been a breach thereof.
1953
78-33-4 Suit by fiduciary or representative.
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, lunatic or insolvent, 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.
1953
78-33-5 Court's general powers.
The enumeration in Sections
78-33-2
,
78-33-3
and
78-33-4
does not limit or restrict the exercise of
the general powers conferred in Section
78-33-1
in any proceeding where declaratory relief
is sought, in which a judgment or decree will terminate the
controversy or remove an uncertainty.
1953
78-33-6 Discretion to deny declaratory relief.
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.
1953
78-33-7 Appeals and reviews.
All orders, judgments and decrees under this chapter may
be reviewed as other orders, judgments and decrees.
1953
78-33-8 Supplemental relief.
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 is deemed sufficient,
the court shall, on reasonable notice, 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.
1953
78-33-9 Trial of issues of fact.
When a proceeding under this chapter 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.
1953
78-33-10 Costs.
In any proceeding under this chapter the court may make
such award of costs as may seem equitable and just.
1953
78-33-11 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 or
county ordinance or franchise such municipality or county
shall be made a party, and shall be entitled to be heard,
and if a statute or state franchise or permit is alleged
to be invalid the attorney general shall be served with a
copy of the proceeding and be entitled to be heard.
1953
78-33-12 Chapter to be liberally construed.
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 is to be liberally construed and administered.
1953
78-33-13 "Person" defined.
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.
1953
