MARVIN MANDEL, Governor                                      117

the first . two provisions of Art. 31A, §1
and all of §5. Subsection (a) restates the
rule of §4-402(c) which provides that the
District Court does not have jurisdiction
to render declaratory judgments. The
provisions of §5 are in fact,
jurisdictional and complement other
jurisdictional provisions of §1. The only
other changes made are in style.

SEC. 3-404. JURY TRIAL.

THE FACT THAT A PROCEEDING IS BROUGHT UNDER THIS
SUBTITLE DOES NOT AFFECT A BIGHT TO JURY TRIAL WHICH
OTHERWISE MAY EXIST.

REVISOR'S NOTE: This section is new language
based on Art. 31A, §9.

The section is revised to reflect the fact
that a jury trial is not available in a
court of equity. When the Uniform
Declaratory Judgments Act was adopted in
1945 there was a practice of transferring
issues of fact arising in an action in
equity to a court of law for an advisory
verdict and this apparently applied to a
proceeding under this subtitle. This
practice was abolished by Rule 517. In
addition, the rule provides that the
determination of all issues in a court of
equity shall be made without a jury. In
view of that development of the law, it is
desirable to clarify the jury trial
provision of Art. 31A, §9. The provisions
dealing with instructions to a jury and a
jury verdict are proposed for deletion as
unnecessary. Rules 554 and 560 cover these
provisions.

SEC. 3-405. PARTIES; ROLE OF ATTORNEY GENERAL.

(A) PERSON WHO HAS OR CLAIMS INTEREST AS PARTY.

(1)   IF DECLARATORY RELIEF IS SOUGHT, A
PERSON WHO HAS OR CLAIMS ANY INTEREST WHICH WOULD BE
AFFECTED BY THE DECLARATION, SHALL BE MADE A PARTY.

(2)    EXCEPT IN A CLASS ACTION, THE
DECLARATION MAY NOT PREJUDICE THE RIGHTS OF ANY PERSON
NOT A PARTY TO THE PROCEEDING.