USA Statutes : nevada
Title : Title 03 - REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS
Chapter : CHAPTER 30 - DECLARATORY JUDGMENTS
NRS 30.010 to 30.160 ,
inclusive, may be cited as the Uniform Declaratory Judgments Act.
[16:22:1929; NCL § 9455]
“Person” wherever used in NRS 30.010
to 30.160 , inclusive, shall be construed to mean any
person, partnership, joint stock company, unincorporated association or
society, or municipal or other corporation of any character whatsoever.
[13:22:1929; NCL § 9452]
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; and such declarations shall
have the force and effect of a final judgment or decree.
[1:22:1929; NCL § 9440]
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.
[2:22:1929; NCL § 9441]
A
contract may be construed either before or after there has been a breach
thereof.
[3:22:1929; NCL § 9442]
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. To ascertain any class of creditors, devisees, legatees, heirs,
next of kin or others; or
2. To direct the executors, administrators or trustees to do or
abstain from doing any particular act in their fiduciary capacity; or
3. To determine any question arising in the administration of the
estate or trust, including questions of construction of wills and other
writings.
[4:22:1929; NCL § 9443]
The enumeration in NRS
30.040 , 30.050 and 30.060
does not limit or restrict the exercise of the general powers conferred
in NRS 30.030 in any proceeding where
declaratory relief is sought, in which a judgment or decree will
terminate the controversy or remove an uncertainty.
[5:22:1929; NCL § 9444]
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.
[6:22:1929; NCL § 9445]
All orders, judgments and decrees under NRS
30.010 to 30.160 , inclusive, may be reviewed as other orders,
judgments and decrees.
[7:22:1929; NCL § 9446]
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 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.
[8:22:1929; NCL § 9447]
When a proceeding under NRS 30.010 to 30.160 ,
inclusive, 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.
[9:22:1929; NCL § 9448]
In any proceeding under NRS 30.010 to 30.160 ,
inclusive, the court may make such award of costs as may seem equitable
and just.
[10:22:1929; NCL § 9449]
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 also be served with a copy
of the proceeding and be entitled to be heard.
[11:22:1929; NCL § 9450]
NRS 30.010 to 30.160 ,
inclusive, are declared to be remedial; their purpose is to settle and to
afford relief from uncertainty and insecurity with respect to rights,
status and other legal relations; and are to be liberally construed and
administered.
[12:22:1929; NCL § 9451]
The several sections and provisions of
NRS 30.010 to 30.160 , inclusive, except NRS 30.030 and 30.040 ,
are hereby declared independent and severable, and the invalidity, if
any, or part or feature thereof shall not affect or render the remainder
of such sections invalid or inoperative.
[14:22:1929; NCL § 9453]
NRS 30.010 to 30.160 ,
inclusive, 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.
[15:22:1929; NCL § 9454]
ORDERS RESTRAINING NEWS MEDIA
1. If during the course of any proceeding or the trial of any
action in any court, the trial judge issues an order prohibiting a
newspaper or other news media from publishing or broadcasting information
lawfully obtained by such newspaper or other news media concerning such
proceeding or trial, the newspaper or other news media may seek
declaratory relief concerning the validity of the order by filing a
petition with:
(a) A district judge of the judicial district where the court sits;
or
(b) Any district judge of an adjacent judicial district, if there
is only one district judge in the judicial district in which such
proceeding or action is being heard or tried.
2. All cases in which the validity of any such order is questioned
shall be advanced as a matter of immediate public interest and concern,
and shall be heard at the earliest practicable moment.
3. Notwithstanding the provisions of NRS 30.080 , a district court shall not refuse to render
or enter a declaratory judgment or decree if the proceeding or trial in
which the prohibitory order was entered has been concluded, the orderly
administration of justice demanding an early judicial examination into
and a determination of the validity of the order to afford relief from
uncertainty and insecurity with respect to constitutional rights.
(Added to NRS by 1971, 846)
