Title 32 — Judicial Remedies

A court of record within its jurisdiction shall 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 prayed f…

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 val…

A contract may be construed either before or after there has been a breach thereof.

Any person interested as or through a personal representative, trustee, guardian, conservator, or other fiduciary, creditor, devisee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, a mentally ill or deficient p…

The enumeration of powers in sections 32-23-02, 32-23-03, and 32-23-04 does not limit or restrict the exercise of the general powers conferred in section 32-23-01, in any proceeding in which declaratory relief is sought in which a judgment or decree will terminate the controversy…

The court may refuse to render or enter a declaratory judgment or decree if such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. However, the court shall render or enter a declaratory judgment or decree…

All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.

Further relief based on a declaratory judgment 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. If the application is deemed sufficient, the court, on reasonable notice, shall …

When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

In any proceeding under this chapter, the court may make such award of costs as may seem equitable and just.

When declaratory relief is sought, all persons who have or claim any interest that would be affected by the declaration must be made parties, and a declaration may not prejudice the rights of persons not parties to the proceeding. In any proceeding that involves the validity of a…

This chapter is remedial. Its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations, and it is to be construed and administered liberally.

The word "person", wherever used in this chapter, shall be construed to mean any person, partnership, limited liability company, joint-stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.