2005 Nevada Revised Statutes - Chapter 30 — Declaratory Judgments

CHAPTER 30 - DECLARATORY JUDGMENTS

UNIFORM ACT

NRS 30.010 Shorttitle.

NRS 30.020 Persondefined.

NRS 30.030 Scope.

NRS 30.040 Questionsof construction or validity of instruments, contracts and statutes.

NRS 30.050 Contractmay be construed before or after breach.

NRS 30.060 Declarationof rights in certain cases.

NRS 30.070 Enumerationnot exclusive.

NRS 30.080 Discretionof court to render or enter judgment.

NRS 30.090 Review.

NRS 30.100 Supplementalrelief.

NRS 30.110 Jurytrial.

NRS 30.120 Costs.

NRS 30.130 Parties.

NRS 30.140 Construction.

NRS 30.150 Severability.

NRS 30.160 Uniformityof interpretation.

ORDERS RESTRAINING NEWS MEDIA

NRS 30.170 Validityof order prohibiting publication or broadcasting of information concerningjudicial proceedings and actions.

_________

UNIFORM ACT

NRS 30.010 Shorttitle. NRS30.010 to 30.160, inclusive, may becited as the Uniform Declaratory Judgments Act.

[16:22:1929; NCL 9455]

NRS 30.020 Persondefined. Person wherever used in NRS 30.010 to 30.160, inclusive, shall be construed tomean any person, partnership, joint stock company, unincorporated associationor society, or municipal or other corporation of any character whatsoever.

[13:22:1929; NCL 9452]

NRS 30.030 Scope. Courts of record within their respective jurisdictionsshall have power to declare rights, status and other legal relations whether ornot further relief is or could be claimed. No action or proceeding shall beopen to objection on the ground that a declaratory judgment or decree is prayedfor. The declaration may be either affirmative or negative in form and effect;and such declarations shall have the force and effect of a final judgment ordecree.

[1:22:1929; NCL 9440]

NRS 30.040 Questionsof construction or validity of instruments, contracts and statutes. Any person interested under a deed, will, written contractor other writings constituting a contract, or whose rights, status or otherlegal relations are affected by a statute, municipal ordinance, contract orfranchise, may have determined any question of construction or validity arisingunder the instrument, statute, ordinance, contract or franchise and obtain adeclaration of rights, status or other legal relations thereunder.

[2:22:1929; NCL 9441]

NRS 30.050 Contractmay be construed before or after breach. A contractmay be construed either before or after there has been a breach thereof.

[3:22:1929; NCL 9442]

NRS 30.060 Declarationof rights in certain cases. Any personinterested as or through an executor, administrator, trustee, guardian or otherfiduciary, 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 have a declaration of rights or legal relations inrespect thereto:

1. To ascertain any class of creditors, devisees,legatees, heirs, next of kin or others; or

2. To direct the executors, administrators or trusteesto do or abstain from doing any particular act in their fiduciary capacity; or

3. To determine any question arising in theadministration of the estate or trust, including questions of construction ofwills and other writings.

[4:22:1929; NCL 9443]

NRS 30.070 Enumerationnot exclusive. The enumeration in NRS 30.040, 30.050 and 30.060 does not limit or restrict theexercise of the general powers conferred in NRS30.030 in any proceeding where declaratory relief is sought, in which ajudgment or decree will terminate the controversy or remove an uncertainty.

[5:22:1929; NCL 9444]

NRS 30.080 Discretionof court to render or enter judgment. Thecourt may refuse to render or enter a declaratory judgment or decree where suchjudgment or decree, if rendered or entered, would not terminate the uncertaintyor controversy giving rise to the proceeding.

[6:22:1929; NCL 9445]

NRS 30.090 Review. All orders, judgments and decrees under NRS 30.010 to 30.160, inclusive, may be reviewed as otherorders, judgments and decrees.

[7:22:1929; NCL 9446]

NRS 30.100 Supplementalrelief. Further relief based on a declaratoryjudgment or decree may be granted whenever necessary or proper. The applicationtherefor shall be by petition to a court having jurisdiction to grant relief.If the application be deemed sufficient, the court shall, on reasonable notice,require any adverse party whose rights have been adjudicated by the declaratoryjudgment or decree, to show cause why further relief should not be grantedforthwith.

[8:22:1929; NCL 9447]

NRS 30.110 Jurytrial. When a proceeding under NRS 30.010 to 30.160, inclusive, involves thedetermination of an issue of fact, such issue may be tried and determined inthe same manner as issues of fact are tried and determined in other civilactions in the court in which the proceeding is pending.

[9:22:1929; NCL 9448]

NRS 30.120 Costs. In any proceeding under NRS30.010 to 30.160, inclusive, thecourt may make such award of costs as may seem equitable and just.

[10:22:1929; NCL 9449]

NRS 30.130 Parties. When declaratory relief is sought, all persons shall bemade parties who have or claim any interest which would be affected by thedeclaration, and no declaration shall prejudice the rights of persons notparties to the proceeding. In any proceeding which involves the validity of amunicipal ordinance or franchise, such municipality shall be made a party, andshall be entitled to be heard, and if the statute, ordinance or franchise isalleged to be unconstitutional, the Attorney General shall also be served witha copy of the proceeding and be entitled to be heard.

[11:22:1929; NCL 9450]

NRS 30.140 Construction. NRS 30.010 to 30.160, inclusive, are declared to beremedial; their purpose is to settle and to afford relief from uncertainty andinsecurity with respect to rights, status and other legal relations; and are tobe liberally construed and administered.

[12:22:1929; NCL 9451]

NRS 30.150 Severability. The several sections and provisions of NRS 30.010 to 30.160, inclusive, except NRS 30.030 and 30.040, are hereby declared independent andseverable, and the invalidity, if any, or part or feature thereof shall notaffect or render the remainder of such sections invalid or inoperative.

[14:22:1929; NCL 9453]

NRS 30.160 Uniformityof interpretation. NRS 30.010 to 30.160, inclusive, shall be so interpretedand construed as to effectuate their general purpose to make uniform the law ofthose states which enact them, and to harmonize, as far as possible, with federallaws and regulations on the subject of declaratory judgments and decrees.

[15:22:1929; NCL 9454]

ORDERS RESTRAINING NEWS MEDIA

NRS 30.170 Validityof order prohibiting publication or broadcasting of information concerningjudicial proceedings and actions.

1. If during the course of any proceeding or the trialof any action in any court, the trial judge issues an order prohibiting anewspaper or other news media from publishing or broadcasting informationlawfully obtained by such newspaper or other news media concerning suchproceeding or trial, the newspaper or other news media may seek declaratoryrelief concerning the validity of the order by filing a petition with:

(a) A district judge of the judicial district where thecourt sits; or

(b) Any district judge of an adjacent judicialdistrict, if there is only one district judge in the judicial district in whichsuch proceeding or action is being heard or tried.

2. All cases in which the validity of any such orderis questioned shall be advanced as a matter of immediate public interest andconcern, and shall be heard at the earliest practicable moment.

3. Notwithstanding the provisions of NRS 30.080, a district court shall not refuseto render or enter a declaratory judgment or decree if the proceeding or trialin which the prohibitory order was entered has been concluded, the orderlyadministration of justice demanding an early judicial examination into and adetermination of the validity of the order to afford relief from uncertaintyand insecurity with respect to constitutional rights.

(Added to NRS by 1971, 846)

 

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