The enumeration in sections 13-51-106 to 13-51-108 does not limit or restrict the exercise of the general powers conferred in section 13-51-105, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
Source: L. 23: p. 269, § 5. CSA: C. 93, § 82. CRS 53: § 77-11-5. C.R.S. 1963: § 77-11-5.
ANNOTATION
Although § 13-51-106 and C.R.C.P. 57(b) detail situations in which declaratory judgment actions may be brought, they do not restrict the court's ability to grant declaratory relief in other situations when appropriate. Berenergy Corp. v. Zab, Inc., 94 P.3d 1232 (Colo. App. 2004), aff'd on other grounds, 136 P.3d 252 (Colo. 2006).
Declaratory judgment action is an appropriate means of testing the validity of a decree and resolving uncertainty as to the legal rights and status of the parties, even if the controversy has not yet ripened into litigation. In re Lockwood, 857 P.2d 557 (Colo. App. 1993).
A trial court may exercise its discretion to declare the existence of an oral contract and, if one exists, the terms of that contract, where such relief would "terminate the controversy or remove an uncertainty." Zab, Inc. v. Berenergy Corp., 136 P.3d 252 (Colo. 2006).