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§ 3-409. Declaratory judgments or decrees

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 4. Declaratory Judgment (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 3-409
§ 3-409. Declaratory judgments or decrees
In general
(a) Except as provided in subsection (d) of this section, a court may grant a declaratory judgment or decree in a civil case, if it will serve to terminate the uncertainty or controversy giving rise to the proceeding, and if:
(1) An actual controversy exists between contending parties;
(2) Antagonistic claims are present between the parties involved which indicate imminent and inevitable litigation; or
(3) A party asserts a legal relation, status, right, or privilege and this is challenged or denied by an adversary party, who also has or asserts a concrete interest in it.
Special remedies
(b) If a statute provides a special form of remedy for a specific type of case, that statutory remedy shall be followed in lieu of a proceeding under this subtitle.
Concurrent common-law, equitable, or extraordinary legal remedies
(c) A party may obtain a declaratory judgment or decree notwithstanding a concurrent common-law, equitable, or extraordinary legal remedy, whether or not recognized or regulated by statute.
Divorce or annulment of marriage
(d) Proceeding by declaratory judgment is not permitted in any case in which divorce or annulment of marriage is sought.
Speedy hearing of an action
(e) A court may order a speedy hearing of an action of a declaratory judgment and may advance it on the calendar.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 2006, c. 44, § 6, eff. April 8, 2006.
Formerly Art. 31A, § 6.
MD Code, Courts and Judicial Proceedings, § 3-409, MD CTS & JUD PRO § 3-409
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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