Uniform Declaratory Judgment Act
North Carolina · 1 · §§ 1-253 to 1-267 · 15 sections
Overview
This act gives courts the authority to enter judgments that declare the rights, status, and other legal relations of the parties, with such declarations carrying the force and effect of a final judgment and being open to appellate review. Any person whose interests are affected by a contract or other legal instrument or relationship may seek a declaration, as may fiduciary representatives and those beneficially interested in the matter, though the court retains discretion to decline where a declaration would not resolve the controversy. It also supplies the surrounding procedure — joinder of interested parties, including the affected municipality when a local ordinance or franchise is at issue, trial of disputed factual issues, costs, and a petition for further relief once a declaration has been entered — and directs that its terms be construed to keep the law uniform among the states that adopt it.
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 194 court decisions.
Most-cited authority: 145 N.C. App. 391 - Fuller v. Easley
Sections covered
- N.C. Gen. Stat. § 1-253Courts of record permitted to enter declaratory judgments of rights, status and other legal relations101 cites
- N.C. Gen. Stat. § 1-254Courts given power of construction of all instruments46 cites
- N.C. Gen. Stat. § 1-255Who may apply for a declaration2 cites
- N.C. Gen. Stat. § 1-256Enumeration of declarations not exclusive1 cite
- N.C. Gen. Stat. § 1-257Discretion of court9 cites
- N.C. Gen. Stat. § 1-258Review12 cites
- N.C. Gen. Stat. § 1-259Supplemental relief1 cite
- N.C. Gen. Stat. § 1-260Parties12 cites
- N.C. Gen. Stat. § 1-261Jury trial1 cite
- N.C. Gen. Stat. § 1-262Hearing before judge where no issues of fact raised or jury trial waived; what judge may hear
- N.C. Gen. Stat. § 1-263Costs4 cites
- N.C. Gen. Stat. § 1-264Liberal construction and administration4 cites
- N.C. Gen. Stat. § 1-265Word "person" construed
- N.C. Gen. Stat. § 1-266Uniformity of interpretation1 cite
- N.C. Gen. Stat. § 1-267Short title
Enacted in other states
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