Montana Code Annotated

Mont. Code Ann. § 27-8-313 (2026)

Supplemental Relief

✓ current as of May 2026
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TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 8. UNIFORM DECLARATORY JUDGMENTS ACT

Part 3. Procedure

Supplemental Relief

27-8-313. Supplemental relief. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by a declaratory judgment or decree to show cause why further relief should not be granted forthwith.

History: En. Sec. 8, Ch. 16, L. 1935; re-en. Sec. 9835.8, R.C.M. 1935; R.C.M. 1947, 93-8908.

Notes of Decisions
Cited in 67 cases (17 in the last 5 years), 1988–2025 · leading case: Trs. of Indiana Univ. v. Buxbaum, 2003 MT 97 (Mont. 2003).
Trs. of Indiana Univ. v. Buxbaum, 2003 MT 97 (Mont. 2003). · cites it 82× “" At one juncture, the Jones Estate referred the court to § 27-8-311, MCA, with regard to the recovery of costs, but, as the University indicates, the Jones Estate never explicitly referenced § 27-8-313, MCA. ¶ 24 Regardless of whether the Jones Estate expressly invoked §§…”
United Nat'l Ins. v. St. Paul Fire & Marine Ins., 2009 MT 269 (Mont. 2009). · cites it 32× “Such an action squarely fits within the intent of the UDJA's liberally constructed purpose "to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations.”
Mountain West Farm Bureau Mut. Ins. v. Brewer, 2003 MT 98 (Mont. 2003). · cites it 24× “On June 19, 2001, the District Court denied the Christensens' motion.”
Associated Mgmt. Servs., Inc. v. Ruff, 424 P.3d 571 (Mont. 2018). · cites it 15× “¶24 On November 7, 2016, Ruff filed a motion for contract attorney fees as the prevailing party in the dispute over the validity and enforceability of the 2008 licensing agreement or, alternatively, pursuant to § 27-8-313, MCA (discretionary attorney fees on successful…”
Abbey/Land, LLC v. Glacier Constr. Partners, LLC, 433 P.3d 1230 (Mont. 2019). · cites it 25× “James River requested dismissal of the case in its entirety with prejudice, as well as attorney fees and costs as allowed under § 27-8-313, MCA. ¶31 Abbey/Land attempted to avoid a reasonableness hearing on remand.”
City of Helena v. Svee, 214 MT 311 (Mont. 2014). · cites it 22× “Did the District Court err by determining that Helena City Code § 11-42-2 was an impermissible building code, and not a zoning ordinance? 2 Did the District Court err by holding that the Svees were ineligible for an award of attorney fees under § 27-8-313, MCA? 3. Did the…”
Montana Immigrant Just. All. v. Bullock, 2016 MT 104 (Mont. 2016). · cites it 14× “” Western Tradition P’ship, ¶ 11 (internal quotations omitted).”
Davis v. Westphal, 2017 MT 276 (Mont. 2017). · cites it 8× “The court reasoned that: (1) the authority cited by Davises did not “order ejection, adopt the remedy of ejection, or otherwise establish standards for an ejection claim;” (2) § 27-1-318, MCA, “generally provides for money damages for wrongful occupation of real property;” (3)…”
Davis v. Jefferson Cnty. Election Off., 2018 MT 32 (Mont. 2018). · cites it 20× “Did the District Court err in concluding that the Elected Officers were not entitled to attorney fees from either Jefferson County or Nemeth under the Uniform Declaratory Judgments Act, § 27-8-313, MCA ? 2. Did the District Court abuse its discretion in concluding that the…”
Horace Mann Ins. v. Hanke, 2013 MT 320 (Mont. 2013). · cites it 21× “Section 27-8-313, MCA, authorizes a party to petition for supplemental relief based on a declaratory judgment “whenever necessary and proper.”
W. Tradition P'ship, Inc. v. Attorney Gen., 2011 MT 328 (Mont. 2012). · cites it 14× “” ¶11 ATP argues that, despite its finding of good faith, the District Court erred by failing to award fees under § 27-8-313, MCA, which serves as statutory authority for an award of fees in this case.”
JRN Holdings v. Dearborn Meadows, 2021 MT 204 (Mont. 2021). · cites it 19× “Whether the District Court abused its discretion by granting the DMLOA attorney fees under § 27-8-313, MCA. FACTUAL AND PROCEDURAL BACKGROUND ¶2 This case involves a dispute regarding the use of Powerline Road (“the Road”), an unpaved road in the Dearborn Meadows area within…”
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