Uniform Declaratory Judgments Act
West Virginia · Actions, Suits and Arbitration; Judicial Sale · §§ 55-13-1 to 55-13-9 · 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 66 court decisions.
Most-cited authority: 213 W. Va. 80 - Findley v. State Farm Mutual Automobile Insurance
Sections covered
- W. Va. Code § 55-13-1Power of courts to declare rights, status and other legal relations; objections; form and effect of declaration32 cites
- W. Va. Code § 55-13-10Costs
- W. Va. Code § 55-13-11Parties5 cites
- W. Va. Code § 55-13-12Article remedial; liberal construction and administration thereof5 cites
- W. Va. Code § 55-13-13"Person" defined
- W. Va. Code § 55-13-14Severability
- W. Va. Code § 55-13-15Interpretation and construction of article
- W. Va. Code § 55-13-16Citation of article
- W. Va. Code § 55-13-2Who may have determination and obtain declaration15 cites
- W. Va. Code § 55-13-3Construction of contract before or after breach
- W. Va. Code § 55-13-4Declaration concerning trusts and estates1 cite
- W. Va. Code § 55-13-5No restriction on powers conferred by §55-13-1
- W. Va. Code § 55-13-6When court may refuse judgment
- W. Va. Code § 55-13-7Review
- W. Va. Code § 55-13-8Further relief1 cite
- W. Va. Code § 55-13-9Trial and determination of issues of fact7 cites
Enacted in other states
Indiana, Maryland, Maine, Minnesota, Montana, Nebraska, Nevada, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Washington, Wyoming
All West Virginia named statutes →
Download
Copy
Embed on your site
Hover to preview · click to copy the code