Delaware Code

10 Del. C. § 6501 (2026)

Power of courts; form and effect of declaration

✓ current as of May 2026

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Except where the Constitution of this State provides otherwise, 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 declaration shall have the force and effect of a final judgment or decree.

Code 1935, § 4685A; 46 Del. Laws, c. 269, § 1; 10 Del. C. 1953, § 6501; 63 Del. Laws, c. 63, § 1;

Notes of Decisions

Cited in 117 cases (59 in the last 5 years), 1954–2026 · leading case: Playtex Fam. Prods., Inc. v. St. Paul Surplus Lines Ins., 564 A.2d 681 (Del. Super. Ct. 1989).

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Playtex Fam. Prods., Inc. v. St. Paul Surplus Lines Ins., 564 A.2d 681 (Del. Super. Ct. 1989). · cites it 2× “6 10 Del.C. § 6501. See Rollins International, Inc.”

Rollins Int'l, Inc. v. Int'l Hydronics Corp., 303 A.2d 660 (Del. 1973). · cites it 2× “The sole issue before this Court is whether Hydronics has stated an “actual controversy” within the meaning of the Declaratory Judgment Act, 10 Del.C. § 6501. Rollins contends in effect that a party, in order to be entitled to seek declaratory relief, must point to some specific…”

Diebold Comput. Leasing, Inc. v. Com. Credit Corp., 267 A.2d 586 (Del. 1970). · cites it 2× “That jurisdiction was not divested by our Declaratory Judgment Act, 10 Del.C. § 6501. 3 While it is conceivable that, under § 6501, Diebold may have brought a declaratory judgment action in the Superior Court for a construction of the Loan Agreement, and that, for practical…”

Ackerman v. Stemerman, 201 A.2d 173 (Del. 1964). · cites it 3× “The theory of the defendants' motion for summary judgment is that since the complaint sought to invalidate only part of Paragraph 21 and since Paragraph 21 had never been called into operation and there was no future prospect of its ever being utilized, there was no jurisdiction…”

Doe v. Wilmington Hous. Auth., 880 F. Supp. 2d 513 (D. Del. 2012). “July 31, 1991); see also 10 Del. C. § 6501 (“[C]ourts of record ..”

City of Wilmington v. Delaware Coach Co., 230 A.2d 762 (Del. Ch. 1967). · cites it 2× “I The declaratory judgment statute, 10 Del.C. § 6501, provides in pertinent part: “In cases of actual controversy, * * the Court of Chancery * * * upon petition, declaration, complaint, or other appropriate pleadings, may declare rights and other legal relations of any…”

W. Air Lines, Inc. v. Allegheny Airlines, Inc., 313 A.2d 145 (Del. Ch. 1973). “1952) Judge Herrmann summarized the prerequisites for a controversy under the Declaratory Judgment Statute, 10 Del.C. § 6501: “(1) It must be a controversy involving the rights or other legal relations of the party seeking declaratory relief; (2) it must be a controversy in…”

Hampson v. State, 233 A.2d 155 (Del. 1967). “10 Del.C. § 6501, requires that no declaratory relief may be given in the absence of an actual controversy.”

Schneider v. Wilmington Trust Co., Bank of Del., 310 A.2d 897 (Del. Ch. 1973). · cites it 2× “Equity jurisdiction is asserted on three grounds: first, plaintiffs are entitled to an accounting; second, the suit presents a controversy upon which an action for a declaratory judgment is permissible in equity under 10 Del.C. § 6501; and third, this is a valid class action…”

Haney v. Laub, 312 A.2d 330 (Del. Super. Ct. 1973). “The complaint was brought under 10 Del.C. § 6501 for declaratory relief, seeking a judgment declaring and adjudicating the respective rights and duties of Haney and Laub under the written Stock Option Agreement executed in February, 1968.”

Suplee v. Eckert, 120 A.2d 718 (Del. Ch. 1956). “Under their second argument defendants seem to imply that the declaratory judgment statute, 10 Del.C. § 6501, constitutes a blanket grant of jurisdiction to various state courts without relation to existing jurisdictional limitations.”

Makin v. MacK, 336 A.2d 230 (Del. Ch. 1975). “Petitioner has moved for summary judgment in this action brought by him pursuant to 10 Del.C. § 6501 seeking a declaration of the present rights and legal relations of the parties stemming from a written lease for farmlands and subsequent annual renewals thereof.”

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