Title 21 — JUDICIAL REMEDIES

Courts of record within their respective jurisdictions 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 decre…

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: SL 1925, ch 214 , § 6; SDC 1939 & Supp 1960, § 37.0106.

In any proceeding under this chapter the court may make such award of costs as may seem equitable and just. Source: SL 1925, ch 214 , § 10; SDC 1939 & Supp 1960, § 37.0110.

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 be deemed sufficient, the court shall, on reasonable notice r…

All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees. Source: SL 1925, ch 214 , § 7; SDC 1939 & Supp 1960, § 37.0107.

This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered. Source: SL 1925, ch 214 , § 12; SDC 1939 & Supp 196…

The several sections and provisions of this chapter except §§ 21-24-1 and 21-24-3 are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative. Source: SL 1…

This chapter may be cited as the Uniform Declaratory Judgments Act. Source: SL 1925, ch 214 , § 16; SDC 1939 & Supp 1960, § 37.0115.

The word, person, wherever used in this chapter shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal, public or other corporation of any character whatsoever. Source: SL 1925, ch 214 , § 13; SDC 1939 & Supp …

Any person interested under a deed, will, written contract, or other writing 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 vali…

A contract may be construed either before or after there has been a breach thereof. Source: SL 1925, ch 214 , § 3; SDC 1939 & Supp 1960, § 37.0103.

Any person interested as or through a personal representative, trustee, conservator, 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, minor, protected person, or insolvent, may…

The enumeration in §§ 21-24-3 to 21-24-5 , inclusive, does not limit or restrict the exercise of the general powers conferred in § 21-24-1 , in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty…

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. Source: SL 1925, ch 214 , § 11; SDC 1939 & Supp 1…

In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard, and if the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state shall a…

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. Source: SL 1925, ch 21…