Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 1261 Scope
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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…
5 V.I.C. § 1262 Power to construe, etc
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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 validi…
5 V.I.C. § 1263 Before breach
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A contract may be construed either before or after there has been a breach thereof.
5 V.I.C. § 1264 Executor, etc
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(a) 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, lunatic, or insolvent, may ha…
5 V.I.C. § 1265 Enumeration not exclusive
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The enumeration in sections 1262, 1263, and 1264 of this title, does not limit or restrict the exercise of the general powers conferred in section 1261 of this title, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controvers…
5 V.I.C. § 1266 Discretionary
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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.
5 V.I.C. § 1267 Review
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All orders, judgments and decrees under this chapter may be reviewed as other orders, judgments and decrees.
5 V.I.C. § 1268 Supplemental relief
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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, …
5 V.I.C. § 1269 Procedure; jury trial; other adequate remedy
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The procedure for obtaining a declaratory judgment pursuant to this chapter shall be in accordance with the Federal Rules of Civil Procedure, and the right to trial by jury may be demanded under the circumstances and in the manner provided in Rules 38 and 39 thereof. The existenc…
5 V.I.C. § 1270 Construction
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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.
5 V.I.C. § 1271 Words construed
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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 or other corporation of any character whatsoever.
5 V.I.C. § 1272 Uniformity of interpretation
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This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those jurisdictions which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.