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NRS 30.040

Questions of construction or validity of instruments, contracts and statutes

Known as the Uniform Declaratory Judgments Act

The act spans §§ 30–30 (17 sections).

Applied in 20 court decisions — leading case County of Clark Ex Rel. University Medical Center v. Upchurch (1998)

Most recently applied in U.S. BANK N.A. v. THUNDER PROPERTIES, INC. (NRAP 5) (February 2022)

[2:22:1929; NCL § 9441]—(NRS A 2009, 1636; 2021, 960; 2023, 1320)

How often courts cite this section

196519701980199020002010202220
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

1. Any person interested under a deed, written contract or other writings constituting a 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.

2. Any interested person or legal representative of an interested person of, or a maker or legal representative of a maker of, a will, trust or other writings constituting a testamentary instrument may have determined any question of construction or validity arising under the instrument and obtain a declaration of rights, status or other legal relations thereunder. Any action for declaratory relief under this subsection may only be made in a proceeding commenced pursuant to the provisions of title 12 or 13 of NRS, as appropriate.

3. A principal or a person granted authority to act for a principal under power of attorney, whether denominated an agent, attorney-in-fact or otherwise, may have determined any question of construction or validity arising under the instrument and obtain a declaration of rights, status or other legal relations thereunder. Any action for declaratory relief under this subsection may only be made in a proceeding commenced pursuant to the provisions of title 12 or 13 of NRS, as appropriate.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.