Title XXXVII, Special Proceedings
4 chapters · 81 sections in this title.
KRS § 418.005 Judgment may be obtained on motion
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A judgment may be obtained, on motion, by a surety against his principal or cosurety for money paid; by a client against his attorney for money collected or property received; by a party or officer against a surety for costs; and by a party against an officer for money collected …
KRS § 418.010 Service and form of notice
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(1) Notice of such motion shall be served on the party against whom judgment is sought, at least ten (10) days before the motion is made. The motion and notice thereof shall be served by an officer authorized to serve a summons, and the service and return shall be made in the man…
KRS § 418.015 No written pleadings required -- Judgment
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The motion may be heard and determined upon or without written pleadings, and judgment shall be given according to law and the rules of equity.
KRS § 418.020 Agreed case may be submitted to court -- Affidavit -- Proceedings
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Parties to a question which might be the subject of a civil action may, without action, state the question and the facts upon which it depends, and present a submission thereof to any court which would have jurisdiction if an action had been brought. But it must appear by affidav…
KRS § 418.025 Record
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The case, the submission and the judgment shall constitute the record.
KRS § 418.030 Judgment -- Appeal
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The judgment shall be with costs, and may be enforced, and shall be subject to reversal, in the same manner as if it had been rendered in an action, unless otherwise provided in the submission.
KRS § 418.040 Plaintiff may obtain declaration of rights if actual controversy exists
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In any action in a court of record of this Commonwealth having general jurisdiction wherein it is made to appear that an actual controversy exists, the plaintiff may ask for a declaration of rights, either alone or with other relief; and the court may make a binding declaration o…
KRS § 418.045 Persons who may obtain declaration of rights -- Enumeration not exclusive
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exclusive. Any person interested under a deed, will or other instrument of writing, or in a contract, written or parol; or whose rights are affected by statute, municipal ordinance, or other government regulation; or who is concerned with any title to property, office, status or …
KRS § 418.050 Action for declaration to be heard as motion
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Any action in which a declaration of rights or determination of questions of construction is the relief asked, may be docketed for early hearing as in the case of a motion.
KRS § 418.055 Further relief based on declaratory judgment
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Further relief, based on a declaratory judgment, order or decree, may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief, either in the same proceeding wherein the declaratory judgment, order o…
KRS § 418.060 Appeals
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Any party aggrieved by a declaratory judgment, order or decree, rendered in the Circuit Court, may take and perfect an appeal to the Court of Appeals in the manner provided in the Rules of Civil Procedure for appeals.
KRS § 418.065 When court may refuse to declare rights -- Scope of review -- Remand of case by appellate court
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case by appellate court. The court may refuse to exercise the power to declare rights, duties or other legal relations in any case where a decision under it would not terminate the uncertainty or controversy which gave rise to the action, or in any case where the declaration or c…
KRS § 418.070 Costs
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The parties to a proceeding to obtain a declaratory judgment, order or decree, may stipulate with reference to the allowance of costs and in the absence of such stipulation the court may make such award of costs as may seem equitable and just.
KRS § 418.075 Necessary parties -- Notice to Attorney General in proceedings and appeals -- Notice to Legislative Research Commission -- Consent to suit required for certain actions involving legislative branch
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-- Notice to Legislative Research Commission -- Consent to suit required for certain actions involving legislative branch. 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 declar…
KRS § 418.080 Remedial purpose -- Construction
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KRS 418.040 to 418.090 is declared to be remedial; their purpose is to make courts more serviceable to the people by way of settling controversies, and affording relief from uncertainty and insecurity with respect to rights, duties and relations, and are to be liberally interpret…
KRS § 418.085 Definition of "person."
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The word "person" wherever used in KRS 418.040 to 418.090, shall be construed to mean any person, partnership, joint stock company, incorporated association, or society, or municipal or other corporation of any character whatsoever.
KRS § 418.090 Repealer -- Effect of partial invalidity
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All statutes, or laws in conflict or inconsistent with the provisions of KRS 418.040 to 418.090, are hereby repealed. It is intended that KRS 418.040 to 418.090 shall be valid to the fullest extent possible; and that the invalidity, if any, of any part or feature thereof, shall n…