Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 8. UNIFORM DECLARATORY JUDGMENTS ACT · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 27-8-102 (2026)

Purpose -- Liberal Construction

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 8
  4. Part 1
  5. 27-8-102 Purpose -- liberal construction

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 8. UNIFORM DECLARATORY JUDGMENTS ACT

Part 1. General Provisions

Purpose -- Liberal Construction

27-8-102. Purpose -- liberal construction. This chapter 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 it is to be liberally construed and administered.

History: En. Sec. 12, Ch. 16, L. 1935; re-en. Sec. 9835.12, R.C.M. 1935; R.C.M. 1947, 93-8912.

Notes of Decisions
Cited in 34 cases (4 in the last 5 years), 1981–2025 · leading case: Donaldson v. State, 2012 MT 288 (Mont. 2012).
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Donaldson v. State, 2012 MT 288 (Mont. 2012). · cites it 15× “¶83 The purpose of the Uniform Declaratory Judgments Act “is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations.”
Trs. of Indiana Univ. v. Buxbaum, 2003 MT 97 (Mont. 2003). · cites it 6× “Section 27-8-102, MCA, provides: Purpose-liberal construction.”
United Nat'l Ins. v. St. Paul Fire & Marine Ins., 2009 MT 269 (Mont. 2009). · cites it 6× “ws for claims to be brought by "[a]ny person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined…”
Gryczan v. State, 942 P.2d 112 (Mont. 1997). · cites it 6× “They contend that the damage to their self-esteem and dignity and the fear that they will be prosecuted or will lose their livelihood or custody of their children create an emotional injury that gives them standing to challenge the statute.”
Tarlton v. Kaufman, 2008 MT 462 (Mont. 2008). · cites it 6× “" Section 27-8-102, MCA. However, we have stated that "[a] declaratory proceeding is primarily intended to determine the meaning of a law or a contract and to adjudicate the rights of the parties therein, but not to determine controversial issues of fact such as the existence or…”
Larson v. State, 434 P.3d 241 (Mont. 2019). · cites it 2× “See also § 27-8-102, MCA (stating remedial purpose of the Act "to settle and to afford relief from uncertainty and insecurity" regarding "rights, status, and other legal relations" and commanding that Act shall "be liberally construed and administered").”
Lee v. State, 635 P.2d 1282 (Mont. 1981). · cites it 6× “Section 27-8-102, MCA. Its purpose is to settle and to afford relief from uncertainty and insecurity as to rights, status, and other legal relations; and, it is to be liberally construed and administered.”
Montana Immigrant Just. All. v. Bullock, 2016 MT 104 (Mont. 2016). · cites it 3× “” Section 27-8-102, MCA. Thus, the District Court did not err in holding that MIJA has associational standing to bring this case.”
Chipman v. Nw. Healthcare Corp., 2012 MT 242 (Mont. 2012). · cites it 3× “” Section 27-8-102, MCA. As cited by the District Court, the courts “shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed.”
Safeco Ins. Co. of Illinois v. Montana Eighth Jud. Dist. Court, 2000 MT 153 (Mont. 2000). · cites it 6× “" Section 27-8-102, MCA. While the focus of the Act is on construing rights under written instruments, see § 27-8-202, MCA, a court is not restricted in "any proceeding where declaratory relief is sought in which a judgment or decree will terminate the controversy or remove an…”
Briese v. Montana Pub. Employees' Ret. Bd., 2012 MT 192 (Mont. 2012). · cites it 4× “¶37 Either MPERB or Erene could have resolved any uncertainties in MPERB’s legal obligations by seeking a declaratory judgment under the provisions of Montana’s Uniform Declaratory Judgments Act, Title 27, chapter 8, MCA.”
Brisendine v. State, Dept. of Com., 833 P.2d 1019 (Mont. 1992). · cites it 6× “The purpose of the Montana Declaratory Judgment Act is remedial and is meant "to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and it is to be liberally construed and administered.”
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