Uniform Declaratory Judgments Act
Montana · Civil Liability, Remedies, and Limitations · §§ 27-8-101 to 27-8-313 · 16 sections
Overview
The act authorizes courts to issue judgments that declare the rights, status, and other legal relations of the parties before them, particularly questions about the construction or validity of written instruments, contracts, and statutes. Relief of this kind may be sought either before or after a breach occurs, the specific situations the act enumerates are illustrative rather than exhaustive, and the court retains discretion over whether to grant a declaration in a given case. It also supplies the procedural framework for such proceedings — who must be joined as parties, the availability of a jury trial, costs, appellate review, and further relief based on a declaratory judgment — and directs that it be construed uniformly with the versions enacted elsewhere.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 5 court decisions.
Most-cited authority: 958 F. Supp. 2d 1188 - Charter Oak Fire Insurance v. Interstate Mechanical, Inc.
Sections covered
- Mont. Code Ann. § 27-8-101Short title
- Mont. Code Ann. § 27-8-102Purpose -- liberal construction
- Mont. Code Ann. § 27-8-103Uniformity of interpretation
- Mont. Code Ann. § 27-8-104Definition of person
- Mont. Code Ann. § 27-8-201Scope of power to render declaratory judgments
- Mont. Code Ann. § 27-8-202Who may obtain declaratory judgment
- Mont. Code Ann. § 27-8-203When contract may be construed
- Mont. Code Ann. § 27-8-204Declarations concerning administration of trusts and estates
- Mont. Code Ann. § 27-8-205Enumeration not restrictive of general powers
- Mont. Code Ann. § 27-8-206Court's discretion to refuse to render judgment
- Mont. Code Ann. § 27-8-301Necessary parties
- Mont. Code Ann. § 27-8-302Jury trial
- Mont. Code Ann. § 27-8-303through 27-8-310 reserved
- Mont. Code Ann. § 27-8-311Costs
- Mont. Code Ann. § 27-8-312Review of orders and judgments
- Mont. Code Ann. § 27-8-313Supplemental relief5 cites
Enacted in other states
Indiana, Maryland, Maine, Minnesota, Nebraska, Nevada, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Washington, West Virginia, Wyoming
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