2011 Connecticut Code
Title 52 Civil Actions
Chapter 895 Civil Jurisdiction
Sec. 52-29. Superior Court may declare rights and legal relations.

      Sec. 52-29. Superior Court may declare rights and legal relations. (a) The Superior Court in any action or proceeding may declare rights and other legal relations on request for such a declaration, whether or not further relief is or could be claimed. The declaration shall have the force of a final judgment.

      (b) The judges of the Superior Court may make such orders and rules as they may deem necessary or advisable to carry into effect the provisions of this section.

      (1949 Rev., S. 7628; 1949, June, 1955, S. 3116d; P.A. 76-436, S. 388, 681; P.A. 82-160, S. 6.)

      History: P.A. 76-436 removed court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, and specified that superior court judges rather than supreme court judges are empowered to make orders and rules to carry out section provisions, effective July 1, 1978; P.A. 82-160 replaced "shall have power to" with "may" and added Subsec. indicators.

      If a declaratory judgment is desired, it should be specifically and precisely demanded in an appropriate prayer for relief. 107 C. 119. Court may render judgment determining rights which are contingent on happening of a future event, but court not compelled to decide purely hypothetical claims; may refuse to hear case seeking declaration as to existence of fact when, even if it is found to exist, rights of parties will still be uncertain. 114 C. 297. Cited. 117 C. 186. No allowance of counsel fees in action for declaratory judgment construing will. Id., 496. May seek declaratory judgment as to exemption from property taxation. 121 C. 475. Unless all persons interested in subject matter are made parties to action for declaratory judgment, plaintiff should apply to court for order of reasonable notice to them. 123 C. 484. Court not required to answer questions essentially academic. 129 C. 346. Request for declaratory judgment misjoined to appeal from order of public utilities commission. 132 C. 515. Action not one in equity; not necessary as a condition precedent that there be no adequate remedy at law; declaratory judgment may be had to explain a judicial decree or judgment, may determine if an issue was res judicata. 133 C. 403. Action for declaratory judgment may be maintained to determine whether a restrictive covenant as to engaging in business is legal and enforceable. 135 C. 195. Not an equitable action. Id., 294. There must appear a sufficient practical need for determination of the matter, and that need must be determined in the light of the particular circumstances involved in each case. 138 C. 172. A declaratory judgment ordinarily should not be rendered unless all persons having an interest in the subject matter are parties to the action. Id., 205. Plaintiffs must be affected in a substantial way. Right to maintain action goes to jurisdiction and may be raised at any time. Id., 263. Determination of right of teachers to strike comes within statute. Id., 269. Courts may render declaratory judgments with respect to liability under the criminal statutes. 142 C. 56. Academic questions or those affecting persons not parties to the action will not be answered. 145 C. 318. Declaratory judgment is in order when there is a sufficient practical need for the determination of the matter. Id., 570. Not proper procedure to question conduct of election for public office. Id., 648. Court may refuse to hear a request for a declaratory judgment if necessary issues are determined in another proceeding. 146 C. 644. In an action for a declaratory judgment, relief consequential to the determination of the legal rights involved may be sought and granted. Id., 720. A demurrer to a complaint for a declaratory judgment is proper when the facts alleged do not bring the case within the scope of the statute and rules relating to declaratory judgments. 147 C. 48. Request for advice re proper conduct of future examinations for fire department posts held improper subject for a declaratory judgment. Id., 290. Declaratory judgment seeking an interpretation of an agreement made in this state governing the rights and duties of an employer and his employees concerning an enterprise carried on in this state, held properly before the court. Id., 608. A prerequisite to an action for a declaratory judgment is that there be a substantial question in dispute or an uncertainty of legal relations which requires settlement between the parties. Id., 633. When a demurrer to a complaint seeking a declaratory judgment can be interposed. 148 C. 177. When the court is able to determine from the pleadings that a cause of action for a declaratory judgment has not been stated, the court may render judgment on the pleadings. Id., 385. It is within the discretion of the court to find that the parties should be left to seek redress by some other form of procedure and to refuse a declaratory judgment on that ground. Id. Complaint must contain allegations sufficient to show plaintiff is entitled to declaratory judgment sought. 149 C. 426. Procedure cannot be used to cull out and adjudicate issue in pending action except under exceptional circumstances clearly alleged in complaint. Id., 428, 429. To be entitled to a declaratory judgment plaintiff must have an interest, legal or equitable, by reason of danger of loss or of uncertainty as to its rights or other jural relations. In order to attack the constitutionality of regulations, plaintiff must demonstrate that it is adversely affected by them. Id., 712. A declaratory judgment will not be rendered where the court is of the opinion that the parties should be left to seek redress by some other form of procedure. 150 C. 428. Action for declaratory judgment, in absence of exceptional circumstances, not allowed where same question can be determined in a pending action. 151 C. 209. In the case of actions praying for a declaratory judgment, since the remedy sought is prospective, the right to such relief is determined by the situation which has developed at the time of the trial and not by that existing at the time the action was begun. 152 C. 323. Declaratory judgment action is special statutory proceeding in which court is not limited by the issues joined or the claims of counsel. 153 C. 248. Declaratory judgment will not be rendered upon the complaint of any person unless all persons having an interest in the subject matter of the complaint are parties to the action or have been given reasonable notice thereof. Id., 249. Where action is brought to determine insurance company's obligation to defend and pay judgment and another adequate remedy exists, demurrer will be sustained. Id., 346. No declaratory judgment will be rendered until all persons directly concerned in the event have been actually or constructively notified. 154 C. 74, 77. Where plaintiffs seek an injunction and declaratory judgment against defendant for unauthorized purchase of land, the seller of the property who holds notes and mortgage is necessary party defendant. Sec. 309 of rules of practice. Id., 504. Action dismissed for lack of jurisdiction where all persons having an interest in deed restrictions were not made parties. Id., 705. Court erred in refusing to render declaratory judgment where determination of questions was of considerable public importance. 155 C. 163. Cited. 157 C. 6. Declaratory judgment procedure must meet constitutional requirements of due process of law and, in absence of legal notice to parties whose pension rights are directly affected, constitutionality of section 45-29c would not be determined. Id., 150. Declaratory judgment in prior action between same parties was res judicata in present action for damages under section 38-175. 158 C. 251. All parties affected must be included in action for declaratory judgment. Id., 364. Cited. 165 C. 277. Cited. 169 C. 267; Id., 613. Declaratory judgment procedure is peculiarly well adapted to determination of constitutional rights, and the constitutionality of state legislative or executive action; history, scope and purpose of section; suits against the state discussed. 172 C. 615. This section does not qualify as type of "separate statutory authorization" discussed in McDermott v. Commissioner of Children and Youth Services. 173 C. 352. Cited. 174 C. 176. Cited. 183 C. 76. Action for declaratory judgment under the statute is more effective, convenient and complete than an appeal under Sec. 8-28 because latter would not have included the town as a defendant. Id., 362. Cited. 184 C. 30. Cited. 185 C. 135; Id., 445. Cited. 188 C. 290. Cited. 192 C. 539. Cited. 194 C. 165. Cited. 201 C. 89; Id., 478. Cited. 212 C. 311. Cited. 215 C. 224. Cited. 218 C. 170. Cited. 221 C. 46. Cited. 224 C. 110. Cited. 225 C. 528. Cited. 230 C. 764. Cited. 232 C. 27.

      Cited. 3 CA 118; Id., 302. Cited. 4 CA 137. Cited. 11 CA 332. Cited. 13 CA 282. Cited. 21 CA 77. Cited. 40 CA 75; Id., 692. Cited. 42 CA 13; Id., 363; Id., 712. Cited. 46 CA 187. Court improperly determined it lacked subject matter jurisdiction on the ground that the arbitrator had not completed the arbitration proceeding because plaintiff was seeking a declaratory judgment on the question of whether the arbitrator had completed the arbitration proceeding. 121 CA 135.

      This section is remedial and it should be liberally construed. 9 CS 268. Action in the nature of declaratory judgment not appropriate to try title to office. 13 CS 430. Action for a declaratory judgment is statutory, not equitable. 14 CS 508. Prayer for declaratory judgment cognizable only in superior court. 16 CS 76. Cited. 18 CS 403. Action does not lie where court is of opinion parties should seek redress by some other form of procedure as where questions of fact are presented which should be determined in another action. 22 CS 44. Action allowed in case concerning claimed violation of restrictive covenant in deed. Statute is broader in scope than Uniform Act and statutes of most other jurisdictions. Id., 84. Judicial intervention to determine administrative authority at the behest of one immediately and truly injured by an administrative regulation may take place even before completion of the administrative process, if the need of the person injured is sufficiently compelling. 23 CS 30. Cited. Id., 170. The jurisdiction of the superior court to determine the question of unlawful exercise of authority by administrative agencies is independent of the jurisdiction conferred on it by statutes creating a right of appeal. Id. A reservation or other restriction in a deed is the proper subject of an action for a declaratory judgment. Id., 486. Cited. Id., 515. Cited. 25 CS 322. Connecticut courts do not have inherent power to render declaratory judgments. Circuit court has no power to render declaratory judgments and claim for incidental damages and attorneys' fees does not change essential nature of cause of action. 32 CS 539. Cited. 42 CS 562. Cited. 44 CS 592.

      Circuit court has no power to render a declaratory judgment. 3 Conn. Cir. Ct. 517.

      Subsec. (a):

      Cited. 192 C. 704. Cited. 209 C. 692. Cited. 218 C. 335. Cited. 222 C. 299.

      Cited. 46 CA 187.

      Subsec. (b):

      Cited. 222 C. 299.