2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 51 - Declaratory Judgments
§ 13-51-112. Further Relief
Further relief based on a declaratory judgment or decree may be granted when necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the court, on reasonable notice, shall require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith.
History. Source: L. 23: P. 269, § 8. CSA: C. 93, § 85. CRS 53: § 77-11-8. C.R.S. 1963: § 77-11-8. History. Source: L. 23: P. 269, § 8. CSA: C. 93, § 85. CRS 53: § 77-11-8. C.R.S. 1963: § 77-11-8.
ANNOTATION
Relief is not limited by language of statute or rule to prevailing party in declaratory judgment action. Atchison v. City of Englewood, 180 Colo. 407 , 506 P.2d 140 (1973).
Reversal of an underlying declaratory judgment is not the “further relief” contemplated by this section and C.R.C.P. 57(h) but is, instead, ordinary postjudgment relief. While “further relief” is not limited to the original prevailing party, nevertheless, such relief must seek remedies different from those granted in the declaratory judgment. Spencer v. Bd. of County Comm'rs, 39 P.3d 1272 (Colo. App. 2001).
