how to plead declaratory judgment
For instance, an insurance company might seek a declaratory judgment that it is not responsible for covering an insurance claim under the policy. Article 30 - (3001 - 3045) REMEDIES AND PLEADING 3001 - Declaratory judgment. . Courts of record within their respective jurisdictions shall declare rights, status, and other legal relations whether or not further relief is or could be claimed. This petition requests the court to render a judgment as a declaratory judgment. A declaratory judgment is used when a justicible controversy exists and a court order is desired to obtain an opinion from the court in the form of a judgment… There can be no coercive judgment in a proceeding under the declaratory judgment rule. . A declaratory judgment can be a good tactical move in litigation to secure a preferred venue, create the possibility of attorney’s fees, or simply to position yourself as a plaintiff rather than a defendant. I have noticed a marked increase in declaratory judgment actions being filed by insurers of defendants in personal injury, premises liability, wrongful death and dog bite cases.The usual basis for the declaratory judgment action is that the insurer asserts in its pleadings that there is no insurance for the event that caused the injury, most often claiming that an exclusion in the policy applies. The application therefor shall be by petition to a court having jurisdiction to grant the relief. Enter a declaratory judgment requiring the Department of Highway Safety and Motor . B. Declaratory judgment is not the proper remedy to determine status of a person confined in the state penitentiary, the proper remedy being habeas corpus where if warranted a coercive order could be entered. Declaratory judgments are enforceable like other court-issued judgments, but unlike a normal judgment, they can be obtained before a breach of a legal duty has occurred and without going through a full trial. § 3001. The resulting declaratory judgment should, theoretically, resolve the controversy and avoid further litigation of an issue. Information or instructions: Petition for a Declaratory Judgment . This statute is known as the Federal Declaratory Judgments Act (FDJA). To establish federal jurisdiction in a declaratory judgment action, two conditions must be satisfied. It shall be no objection that a declaratory judgment or decree is prayed for. Vehicles to issue a duplicate title for : Federal: Declaratory Judgment Act, 28 U.S.C. NY CPLR § 3001 (2012) What's This? Creation of remedy (a) In a case of actual controversy within its jurisdiction, except with respect to Federal taxes . Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. §§2201-2202; 2201. ©1997)] Disputes regarding business transactions (including, of course, business transactions for household or personal purposes, a conventional definition of "consumer" transactions) often evolve … Enter a declaratory Judgment findingthat based upon circumstances outlined in this complaint that the document attached to this complaint is sufficient to facilitate the issuance of a duplicate title. INTRODUCTION TO DECLARATORY RELIEF [The following article was excerpted from John T. Blanchard's law school textbook, California Remedies: Commentary, Materials and Problems (3d ed. 1. Declaratory judgment. The history of declaratory judgments continues with Congress enacting a statute in 1934, similar to that of the UDJA, that authorizes federal courts to grant declaratory judgments. Taylor v. Tinsley, 138 Colo. 182, 330 P.2d 954 (1958). Rule 1.1101 - Declaratory judgments permitted. A.