[(a)] In cases of actual controversy, courts of record, within the scope of their
respective jurisdictions, shall have power to make binding adjudications of right,
whether or not consequential relief is, or at the time could be, claimed, and no action
or proceeding shall be open to objection on the ground that a judgment or order merely
declaratory of right is prayed for; provided that declaratory relief may not be obtained
in any district court, or in any controversy with respect to taxes, or in any case
where a divorce or annulment of marriage is sought. Controversies involving the interpretation of deeds, wills, other instruments of writing,
statutes, municipal ordinances, and other governmental regulations may be so determined,
and this enumeration does not exclude other instances of actual antagonistic assertion
and denial of right.
[(b)] Relief by declaratory judgment may be granted in civil cases where an actual
controversy exists between contending parties, or where the court is satisfied that
antagonistic claims are present between the parties involved which indicate imminent
and inevitable litigation, or where in any such case the court is satisfied that a
party asserts a legal relation, status, right, or privilege in which the party has
a concrete interest and that there is a challenge or denial of the asserted relation,
status, right, or privilege by an adversary party who also has or asserts a concrete
interest therein, and the court is satisfied also that a declaratory judgment will
serve to terminate the uncertainty or controversy giving rise to the proceeding. Where, however, a statute provides a special form of remedy for a specific type of
case, that statutory remedy shall be followed; but the mere fact that an actual or
threatened controversy is susceptible of relief through a general common law remedy,
a remedy equitable in nature, or an extraordinary legal remedy, whether such remedy
is recognized or regulated by statute or not, shall not debar a party from the privilege
of obtaining a declaratory judgment in any case where the other essentials to such
relief are present.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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