CHAPTER 1. UNIFORM DECLARATORY JUDGMENT ACT
IC 34-14
ARTICLE 14. CAUSES OF ACTION: DECLARATORYJUDGMENT
IC 34-14-1
Chapter 1. Uniform Declaratory Judgment Act
IC 34-14-1-1
Power of court; form and effect of declaration
Sec. 1. Courts of record within their respective jurisdictions havethe power to declare rights, status, and other legal relations whetheror not further relief is or could be claimed. No action or proceedingis open to objection on the ground that a declaratory judgment ordecree is prayed for. The declaration may be either affirmative ornegative in form and effect. The declaration has the force and effectof a final judgment or decree.
As added by P.L.1-1998, SEC.9.
IC 34-14-1-2
Persons who may obtain declaratory judgment
Sec. 2. Any person interested under a deed, will, written contract,or other writings constituting a contract, or whose rights, status, orother legal relations are affected by a statute, municipal ordinance,contract, or franchise, may have determined any question ofconstruction or validity arising under the instrument, statute,ordinance, contract, or franchise and obtain a declaration of rights,status, or other legal relations thereunder.
As added by P.L.1-1998, SEC.9.
IC 34-14-1-3
Construction of contract before or after breach
Sec. 3. A contract may be construed either before or after therehas been a breach of the contract.
As added by P.L.1-1998, SEC.9.
IC 34-14-1-4
Declarations regarding trusts or estates
Sec. 4. 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 ofa trust, or of the estate of a decedent, a person under eighteen (18)years of age, or a mentally incompetent person may have adeclaration of rights or legal relations:
(1) to ascertain any class of creditors, devisee, legatees, heirs,next of kin, or others;
(2) to direct the executors, administrators, or trustees to do orabstain from doing any particular act in their fiduciary capacity;or
(3) to determine any question arising in the administration ofthe estate or trust, including questions of construction of wills
and other writings.
As added by P.L.1-1998, SEC.9.
IC 34-14-1-5
General powers not restricted by enumeration of specific powers
Sec. 5. The enumeration in sections 2, 3, or 4 of this chapter doesnot limit or restrict the exercise of the general powers conferred insection 1 of this chapter in any proceeding where declaratory reliefis sought, in which a judgment or decree will terminate thecontroversy or remove an uncertainty.
As added by P.L.1-1998, SEC.9.
IC 34-14-1-6
Refusal to render declaratory judgment; discretion of court
Sec. 6. The court may refuse to render or enter a declaratoryjudgment or decree where the judgment or decree, if rendered orentered, would not terminate the uncertainty or controversy givingrise to the proceeding.
As added by P.L.1-1998, SEC.9.
IC 34-14-1-7
Review of judgments or decrees
Sec. 7. All orders, judgments, and decrees under this chapter maybe reviewed as other orders, judgments, and decrees.
As added by P.L.1-1998, SEC.9.
IC 34-14-1-8
Further relief based on declaratory judgment; application
Sec. 8. Further relief based on a declaratory judgment or decreemay be granted whenever necessary or proper. The application forfurther relief must be by petition to a court having jurisdiction togrant the relief. If the application is deemed sufficient, the courtshall, on reasonable notice, require any adverse party whose rightshave been adjudicated by the declaratory judgment or decree to showcause why further relief should not be immediately granted.
As added by P.L.1-1998, SEC.9.
IC 34-14-1-9
Trial on issues of fact
Sec. 9. When a proceeding under this chapter involves thedetermination of an issue of fact, the issue may be tried anddetermined in the same manner as issues of fact are tried anddetermined in other civil actions in the court in which the proceedingis pending.
As added by P.L.1-1998, SEC.9.
IC 34-14-1-10
Award of costs
Sec. 10. In any proceeding under this chapter, the court may makean award of costs as may seem equitable and just.As added by P.L.1-1998, SEC.9.
IC 34-14-1-11
Parties to action; municipalities and attorney general as parties;right of attorney general to intervene
Sec. 11. When declaratory relief is sought, all persons shall bemade parties who have or claim any interest that would be affectedby the declaration, and no declaration shall prejudice the rights ofpersons not parties to the proceeding. In any proceeding in which astatute, ordinance, or franchise is alleged to be unconstitutional, thecourt shall certify this fact to the attorney general, and the attorneygeneral shall be permitted to intervene for presentation of evidence,if evidence is otherwise admissible in the case, and for arguments onthe question of constitutionality. In any proceeding that involves thevalidity of a municipal ordinance or franchise, the municipality shallbe made a party, and shall be entitled to be heard. If the statute,ordinance, or franchise is alleged to be unconstitutional, the attorneygeneral of the state shall also be served with a copy of the proceedingand be entitled to be heard.
As added by P.L.1-1998, SEC.9. Amended by P.L.40-2010, SEC.1.
IC 34-14-1-12
Purpose of chapter
Sec. 12. This chapter is declared to be remedial. The purpose ofthis chapter is to settle and to afford relief from uncertainty andinsecurity with respect to rights, status and other legal relations; andis to be liberally construed and administered.
As added by P.L.1-1998, SEC.9.
IC 34-14-1-13
"Person" defined
Sec. 13. The word "person" wherever used in this chapter shall beconstrued to mean any person, partnership, limited liability company,joint stock company, unincorporated association, or society, ormunicipal or other corporation of any character whatsoever.
As added by P.L.1-1998, SEC.9.
IC 34-14-1-14
Severability of certain sections
Sec. 14. The several sections and provisions of this chapter exceptsections 1 and 2, are hereby declared independent and severable, andthe invalidity, if any, of any part or feature thereof shall not affect orrender the remainder of the chapter invalid or inoperative.
As added by P.L.1-1998, SEC.9.
IC 34-14-1-15
Construction of chapter
Sec. 15. This chapter shall be so interpreted and construed as toeffectuate its general purpose to make uniform the law of those stateswhich enact it, and to harmonize, as far as possible, with federal laws
and regulations on the subject of declaratory judgments and decrees.
As added by P.L.1-1998, SEC.9.
IC 34-14-1-16
Short title
Sec. 16. This chapter may be cited as the Uniform DeclaratoryJudgments Act.
As added by P.L.1-1998, SEC.9.