Idaho Code
Idaho Code

Idaho Code § 10-1206 (2026)

When court may refuse judgment or decree. 

✓ current as of May 2026
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When court may refuse judgment or decree. 

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.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1976–2024 · leading case: V-1 Oil Co. v. Cnty. of Bannock, 554 P.2d 1304 (Idaho 1976).
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V-1 Oil Co. v. Cnty. of Bannock, 554 P.2d 1304 (Idaho 1976). · cites it 3× “The only section which sets forth a ground upon which a court may *1309 refuse to enter declaratory judgment is I.C. § 10-1206, § 6 of the Uniform Declaratory Judgment Act: " 10-1206.”
Kerner v. Johnson, 583 P.2d 360 (Idaho 1978). · cites it 2× “Neither does it appear that there was any reason contemplated by I.C. § 10-1206 which would have justified the district court in refusing to enter a declaratory judgment.”
Idaho Branch, Inc. of Associated Gen. Contractors of Am., Inc. v. Nampa High. Dist. No. 1, 846 P.2d 239 (Idaho Ct. App. 1993). · cites it 4× “I.C. § 10-1206. The Act is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations, and is to be liberally construed and administered.”
Lingnaw v. Lumpkin, 474 P.3d 274 (Idaho 2020). · cites it 2× “It “is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations, and is to be liberally construed and administered.” I.C. § 10-1212. A court “may refuse to render or enter a declaratory judgment or decree where such…”
Boren v. Gadwa (Idaho 2024). · cites it 4× “Boren seeks a declaratory judgment that four of Gadwa’s and Michael’s statements are false and defamatory: (1) that “BOREN has illegally constructed an airport or airstrip on his property;” (2) that “BOREN’s use of his pasture as a landing area was unlawful;” (3) that “BOREN…”
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