Title 13, Courts and Court Procedure

Courts of record within their respective jurisdictions have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is p…

Any person interested under a deed, will, 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 valid…

A contract may be construed either before or after there has been a breach thereof. Source: L. 23: p. 268, § 3. CSA: C. 93, § 80. CRS 53: § 77-11-3. C.R.S. 1963: § 77-11-3. ANNOTATION Validity of contract or question arising under contract must be pleaded. In an action under this…

(1) Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust or of the estate of a decedent, an infant, a mental incompetent, or an in…

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 uncerta…

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. Source: L. 23: p. 269, § 6. CSA: C. 93, § 83. CRS 53: § 77-11-6. C.R.S…

All orders, judgments, and decrees under this article may be reviewed as other orders, judgments, and decrees. Source: L. 23: p. 269, § 7. CSA: C. 93, § 84. CRS 53: § 77-11-7. C.R.S. 1963: § 77-11-7.

Further relief based on a declaratory judgment or decree may be granted when necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the court, on reasonable notice, shall requ…

When a proceeding under this article involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of facts are tried and determined in other civil actions in the court in which the proceeding is pending. Source: L. 23: p. 270…

In any proceeding under this article, the court may make such award of costs as may seem equitable and just. Source: L. 23: p. 270, § 10. CSA: C. 93, § 87. CRS 53: § 77-11-10. C.R.S. 1963: § 77-11-10. ANNOTATION County treasurer is entitled to attorney fees in mandamus suit again…

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of…