Ky. Rev. Stat. » Chapter 418

Ky. Rev. Stat. § 418.080

Remedial purpose -- Construction

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KRS 418.040 to 418.090 is declared to be remedial; their purpose is to make courts more serviceable to the people by way of settling controversies, and affording relief from uncertainty and insecurity with respect to rights, duties and relations, and are to be liberally interpreted and administered. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 639a-10. -- Created 1922 Ky. Acts ch. 83, sec. 10.

Notes of Decisions
Cited in 15 cases (8 in the last 5 years), 1959–2026 · leading case: Bowling v. Kentucky Department of Corrections
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Bowling v. Kentucky Department of Corrections (2010) ky · cites it 2× “The declaratory judgment act is to be liberally interpreted and administered and is intended to make the courts "more serviceable to the people by way of settling controversies, and affording relief from uncertainty and insecurity with respect to rights, duties and relations.”
Mammoth Medical, Inc. v. Bunnell (2008) ky · cites it 2× “KRS 418.080. We liberally interpret and administer the Kentucky DJA to accomplish its broad purpose.”
Bluegrass Pipeline Co. v. Kentuckians United to Restrain Eminent Domain, Inc. (2015) kyctapp “” KRS 418.080. This Court is not authorized to give advisory opinions on hypothetical factual situations, but it may declare the rights of litigants in advance of action when it concludes that a justiciable controversy is presented, the advance determination of which would…”
Bank One Kentucky NA v. Woodfield Financial Consortium LP (1997) kyctapp “remedial; [its] purpose is to make courts more serviceable to the people by way of settling controversies, and affording relief from uncertainty and insecurity with respect to rights, duties and relations, and [is] to be liberally interpreted and administered.”
Schultz v. Schultz (1959) kyctapp “So, in resolving the present conflict it is important to regard the statements in the Act that it is “remedial” and its “purpose is to make courts more serviceable” in settling controversies and to afford “relief from uncertainty and insecurity with respect to rights * * §…”
Hammond v. Smith (1996) kyctapp “KRS 418.080 defines the purpose of the declaratory judgment: [The declaratory judgment statutes are] declared to be remedial; their purpose is to make courts more serviceable to the people by way of settling controversies, and affording relief from uncertainty and insecurity…”
General Drivers, Warehouseman & Helpers Local Union No. 89 v. Chandler (1998) kyctapp “2d 408, 409 (1996), citing KRS 418.080, is particularly applicable here: “[The declaratory judgment statutes are] declared to be remedial; their purpose is to make courts more serviceable to the people by way of settling controversies, and affording relief from uncertainty and…”
Kentucky Retirement Systems by and Through the Board of Trustees of The v. Western Kentucky University (2021) kyctapp “The Declaratory Judgment Act is “remedial; [its] purpose is to make courts more serviceable to the people by way of settling controversies, and affording relief from uncertainty and insecurity with respect to rights, duties and relations, and [is] to be liberally interpreted and…”
Fraternal Order of Police, Bluegrass Lodge 4 v. Lexington-Fayette Urban County Government (2023) kyctapp “Because the Declaratory Judgment Act is “to be liberally interpreted and administered[,]” KRS 418.080, we believe it appropriate to follow the mandate of KRS 418.”
Motorists Mutual Insurance Company v. First Specialty Insurance Corp. (2024) ky “]” KRS 418.080. “The intent of the declaratory judgment statutes is not to give parties greater rights than those which they previously possessed, but to permit the declaration of those rights before they mature.”
Richard M. Breen v. Nolan Leuthauser (2025) kyctapp “2008) (citing KRS 418.080). KRS 418.040 states: In any action in a court of record of this Commonwealth having general jurisdiction wherein it is made to appear that an actual controversy exists, the plaintiff may ask for a declaration of rights, either alone or with other…”
Commonwealth of Kentucky, Cabinet for Health and Family Services v. Cedar Lake Residence, Inc. (2025) kyctapp “” KRS 418.080. On an appeal from a declaratory judgment, we review the court’s findings of fact under a clearly erroneous standard and its conclusions of law de novo.”
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