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USA Statutes : maine
Title : Title 14. COURT PROCEDURE -- CIVIL
Chapter : Chapter 707. DECLARATORY JUDGMENTS ACT
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Title 14 - §5951. Uniformity of interpretation; title
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 707: DECLARATORY JUDGMENTS ACT §5951. Uniformity of interpretation; title
This chapter shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those
states which enact them, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory
judgments and decrees; and may be cited as the "Uniform Declaratory Judgments Act."
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §5952. Definitions
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 707: DECLARATORY JUDGMENTS ACT §5952. Definitions
The word "person," wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company,
unincorporated association or society, or municipal or other corporation of any character whatsoever.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §5953. Scope
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 707: DECLARATORY JUDGMENTS ACT §5953. Scope
Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations
whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that
a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect.
Such declarations shall have the force and effect of a final judgment or decree.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §5954. Construction and validity of statutes
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 707: DECLARATORY JUDGMENTS ACT §5954. Construction and validity of statutes
Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status
or other legal relations are affected by a statute, municipal ordinance, contract or franchise may have determined any question
of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration
of rights, status or other legal relations thereunder.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §5955. Construction of contracts before or after breach
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 707: DECLARATORY JUDGMENTS ACT §5955. Construction of contracts before or after breach
A contract may be construed either before or after there has been a breach thereof.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §5956. Rights of executor, fiduciaries and other interested persons
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 707: DECLARATORY JUDGMENTS ACT §5956. Rights of executor, fiduciaries and other interested persons
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 of a trust, or of the estate of a decedent, an infant, lunatic
or insolvent may have a declaration of rights or legal relations in respect thereto:
1. Ascertain class of creditors, heirs, etc. To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others; or
2. Direct fiduciary to do or not to do certain act. To direct the executors, administrators or trustees to do or abstain from doing any particular act in their fiduciary capacity;
or
3. Determine questions. To determine any question arising in the administration of the estate or trust, including questions of construction of wills
and other writings.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §5957. Extent of relief
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 707: DECLARATORY JUDGMENTS ACT §5957. Extent of relief
The enumeration in sections 5954 to 5956 does not limit or restrict the exercise of the general powers conferred in section
5953 in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or
remove an uncertainty.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §5958. Discretion of court
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 707: DECLARATORY JUDGMENTS ACT §5958. Discretion of court
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered,
would not terminate the uncertainty or controversy giving rise to the proceeding.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §5959. Review
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 707: DECLARATORY JUDGMENTS ACT §5959. Review
All orders, judgments and decrees under this chapter may be reviewed as other orders, judgments and decrees.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §5960. Supplemental relief
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 707: DECLARATORY JUDGMENTS ACT §5960. Supplemental relief
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor
shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court
shall, on reasonable notice, 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.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §5961. Jury trial
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 707: DECLARATORY JUDGMENTS ACT §5961. Jury trial
When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined
in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding
is pending.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §5962. Costs
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 707: DECLARATORY JUDGMENTS ACT §5962. Costs
In any proceeding under this chapter, the court may make such award of costs as may seem equitable and just.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §5963. Parties
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 707: DECLARATORY JUDGMENTS ACT §5963. Parties
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected
by the declaration and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding
which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled
to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the Attorney General shall be served
with a copy of the proceeding and be entitled to be heard.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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