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Session Laws, 1945
Volume 589, Page 803   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 803

inevitable litigation, or when in any such case the court
is satisfied that a party asserts a legal relation, status,
right, or privilege in which he has a concrete interest and
that there is a challenge or denial of such asserted relation,
status, right, or privilege by an adversary party who also has
or asserts a concrete interest therein, and the court is satis-
fied also that a declaratory judgment or decree shall serve to
terminate the uncertainty or controversy giving rise to the
proceedings. When, however, a statute provides a special
form of remedy for a specific type of case, that statutory
remedy must be followed; but the mere fact that an actual
or threatened controversy is susceptible of relief through
a general common law remedy, or an equitable remedy,
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 judg-
ment or decree in any case in which the other essentials
to such relief are present; but proceeding by declaratory
judgment shall not be permitted in any case in which
divorce or annulment of marriage is sought. The Court
may order a speedy hearing of an action for a declaratory
judgment, and may advance it on the calendar.

7. (Review. ) All orders, judgments and decrees under
this Article may be reviewed as other orders, judgments
and decrees.

8. (Supplementary Relief. ) Further relief based on
a declaratory judgment or decree may be granted when-
ever 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 by the declaratory
judgment or decree, to show cause why further relief
should not be granted forthwith.

9. (Jury Trial. ) When a proceeding under this Arti-
cle involves the determination of issues of fact, such issues
may be submitted to a jury in the form of interrogatories,
with proper instructions by the court, and either a general
or special verdict may be taken.

10. (Costs. ) In any proceeding under this Article the
court may make such award of costs as may seem equitable
and just.

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

 

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Session Laws, 1945
Volume 589, Page 803   View pdf image (33K)
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