Delaware Code

10 Del. C. § 6511 (2026)

Parties

✓ current as of May 2026

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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 unconstitutional, the Attorney General of the State shall also be served with a copy of the proceeding and be entitled to be heard.

63 Del. Laws, c. 63, § 1;

Notes of Decisions

Cited in 5 cases (3 in the last 5 years), 2020–2025 · leading case: Carlos Eduardo Lorefice Lynch v. R. Angel Gonzalex Gonzalex (Del. Ch. 2020).

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Carlos Eduardo Lorefice Lynch v. R. Angel Gonzalex Gonzalex (Del. Ch. 2020). · cites it 2× “”52 This standing requirement echoes through and fortifies the mandate that a declaratory judgment address an actual controversy between parties with affected rights: 52 10 Del. C. § 6511 (“Parties”); see also id.”

Jeff Gower v. Trux, Inc. (Del. Ch. 2022). · cites it 2× “” 10 Del. C. § 6511. This court has found occasion not to dismiss a declaratory judgment claim where the defendant’s “interest in the controversy” was not “so attenuated that it could not properly have been named as a defendant.”

Cpr Mgmt., S.A. v. Devon Park Bioventures, L.P. (E.D. Pa. 2020). · cites it 2× “16, 2014) (“[B]ecause a declaratory judgment determines a party’s rights, all persons with any interest that would be affected by a declaration must be made a party.”

Viacom Inc. v. U.S. Specialty Ins. Co. (Del. Super. Ct. 2023). “”) 22 10 Del. C. § 6511. February 16, 2023 Page 11 policy period is implicated now, without relying on hypotheticals, and it is reasonably likely that the Unique 2016 Insurers’ policies could be triggered.”

Cale Johnson Constr., Inc. v. Bucher v. Johnson (Del. Super. Ct. 2025). “”27 The Delaware Superior Court has previously rejected dismissal of a declaratory judgment based on the same claims asserted elsewhere on the grounds of duplicity or overripeness, noting that “.”

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