Code of Alabama
Ala. Code § 6-6-229 (2026)
When Refusal Proper.
✓ official Alabama Legislature (ALISON) text, current July 2026
The court may refuse to enter a declaratory judgment where such judgment, if entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §161.)
Notes of Decisions
Cited in 5
cases, 1994–2009 · leading case: Stamps v. Jefferson Cnty. Bd. of Educ., 642 So. 2d 941 (Ala. 1994).
Stamps v. Jefferson Cnty. Bd. of Educ., 642 So. 2d 941 (Ala. 1994). “" (Emphasis added.) For the following reasons, we conclude that a judgment in this action would not "terminate the uncertainty" of which the plaintiffs complain.”
B.W.T. v. Haynes & Haynes, P.C., 20 So. 3d 815 (Ala. Civ. App. 2009). ““These considerations were, in effect, codified in § 6-6-229, which provides: ‘The court may refuse to enter a declaratory judgment where such judgment, if entered, would not terminate the uncertainty or controversy giving rise to the proceeding.’ (Emphasis added.) For the…”
Underwood v. Alabama State Bd. of Educ., 39 So. 3d 120 (Ala. 2009). “Pursuant to § 6-6-226, declaratory relief may be afforded in cases ‘in which a judgment will terminate the controversy or remove the uncertainty,’ but § 6-6-229 emphasizes the corollary that ‘[t]he court may refuse to enter a declaratory judgment where such judgment, if entered,…”
Lane v. Sticker, 876 So. 2d 469 (Ala. Civ. App. 2003). “1994) (quoting § 6-6-229, Ala.Code 1975) (emphasis omitted).”
Alexander v. Dothan City Bd. of Educ., 891 So. 2d 323 (Ala. Civ. App. 2004). “With respect to the school board, we note that the letters attached to Alexander’s complaint, which are considered a part of the complaint pursuant to Rule 10(c), Ala.”
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