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NC General Statutes

N.C. Gen. Stat. § 1-253 (2026)

Courts of record permitted to enter declaratory judgments of rights, status and other legal relations

✓ current as of July 2026
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Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations, whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree. (1931, c. 102, s. 1.)

 

Notes of Decisions
Cited in 304 cases (55 in the last 5 years), 1949–2026 · leading case: Goldston v. State, 637 S.E.2d 876 (N.C. 2006).
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Goldston v. State, 637 S.E.2d 876 (N.C. 2006). · cites it 22× “N.C.G.S. §§ 1-253 to -267 (2005). The North Carolina Constitution provides that "every person for an injury done him in his lands, goods, person, or reputation shall have remedy by due course of law.”
Hoke Cnty. Bd. of Educ. v. State, 599 S.E.2d 365 (N.C. 2004). · cites it 11× “Procedural History of the Case This civil action, initiated as a declaratory judgment action pursuant to N.C.G.S. § 1-253 (2003), commenced in 1994 when select students from Cumberland, Halifax, Hoke, Robeson, and Vance Counties, their respective guardians ad litem, and the…”
Augur v. Augur, 573 S.E.2d 125 (N.C. 2002). · cites it 6× “both at the time of the filing of the pleading and at the time of the hearing’ ” is a prerequisite to the exercise of subject matter jurisdiction under North Carolina’s version of the Uniform Declaratory Judgment Act (NCUDJA), N.”
State Ex Rel. Edmisten v. Tucker, 323 S.E.2d 294 (N.C. 1984). · cites it 8× “may have determined any question of construction or validity arising under the . . . statute .”
Sanders v. State Pers. Comm'n, 677 S.E.2d 182 (N.C. Ct. App. 2009). · cites it 8× “of the North Carolina Rules of Civil Procedure; injunctive relief “against retaliatory termination of Plaintiff Mobley”; a “permanent injunction ordering Defendants to comply with their legal and fiduciary duties to *318 inform all class members of their rights to receive…”
Whittaker v. Furniture Factory Outlet Shops & Auto-Owners Ins., 550 S.E.2d 822 (N.C. Ct. App. 2001). · cites it 8× “N.C. Gen. Stat. § 1-253 et seq., the Declaratory Judgment Act, provides: “[c]ourts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations, whether or not further relief is or could be claimed.”
Fabrikant v. Currituck Cnty., 621 S.E.2d 19 (N.C. Ct. App. 2005). · cites it 5× “We hold that the trial court properly dismissed this claim because plaintiffs have failed to set forth a justiciable controversy in their complaint.”
Metcalf v. Black Dog Realty, LLC, 684 S.E.2d 709 (N.C. Ct. App. 2009). · cites it 5× “The judgment was based upon Plaintiffs’ claim for declaratory judgment pursuant to N.C. Gen. Stat. § 1-253 et seq. and the claim for injunctive relief, but did not specifically address Plaintiffs’ claim for breach of contract or for reversion of the courthouse property,…”
Smith v. Nationwide Mut. Ins., 400 S.E.2d 44 (N.C. 1991). · cites it 5× “G.S. § 1-253 seeking a judgment for a "declaration of the rights that Michael Smith has in relation to two insurance policies issued by the defendant Nationwide Mutual Insurance Company.”
Vincoli v. State, 792 S.E.2d 813 (N.C. Ct. App. 2016). · cites it 4× “On 29 August 2014, Vincoli filed a complaint and petition for a declaratory judgment action under the North Carolina Uniform Declaratory Judgment Act (“NCUDJA”), N.C. Gen. Stat. § 1-253 to -267, in Wake County Superior Court, challenging the constitutionality of the Act and…”
Groves v. Cmty. Hous. Corp. of Haywood Cnty., 548 S.E.2d 535 (N.C. Ct. App. 2001). · cites it 4× “The plaintiff brought this action under the North Carolina Uniform Declaratory Judgment Act, N.C. Gen. Stat. §§ 1-253 et seq. (1996), to contest the validity of a proceeding to close a thirty-foot wide strip of land adjacent to her property located in Waynesville.”
City of New Bern v. New Bern-Craven Cnty. Bd. of Educ., 402 S.E.2d 623 (N.C. 1991). · cites it 9× “The question brought to the Court by this appeal is whether the superior court had jurisdiction under the Declaratory Judgment Act, N.C.G.S. § 1-253 et seq., to determine the validity of laws adopted by the General Assembly to provide that Craven County shall administer building…”
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