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NC General Statutes

N.C. Gen. Stat. § 1-257 (2026)

Discretion of court

✓ current as of July 2026
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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; provided, however, that a controversy between insurance companies, arising either by direct action or by joinder or intervention, with respect to which of two or more of the insurers is liable under its particular policy and the insurers' respective liabilities and obligations, constitutes a justiciable issue and the court should, upon petition by one or more of the parties to the action, render a declaratory judgment as to the liabilities and obligations of the insurers. (1931, c. 102, s. 5; 1989, c. 183.)

 

Notes of Decisions
Cited in 28 cases (4 in the last 5 years), 1957–2026 · leading case: Augur v. Augur, 573 S.E.2d 125 (N.C. 2002).
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Augur v. Augur, 573 S.E.2d 125 (N.C. 2002). · cites it 30× “1 (1996) (noting the effective date and statutory citation for NCUDJA). Compare Uniform Declaratory Judgments Act § 6, 12A U.”
Goldston v. State, 637 S.E.2d 876 (N.C. 2006). · cites it 18× “Their claim of illegal and unconstitutional diversion of funds derived from taxes paid by plaintiffs and others similarly situated is an actual controversy between the parties.”
Coca-Cola Bottling Co. Consol. & Reidsville Transaction Corp. v. Durham Coca-Cola Bottling Co., 541 S.E.2d 157 (N.C. Ct. App. 2000). · cites it 13× “” N.C.G.S. § 1-257 (1999). This provision of our General Statutes has been cited in only a small handful of cases, and has, to date, not been the subject of any significant consideration by this Court or our Supreme Court.”
Chapel H.O.M. Assocs., LLC v. RME Mgmt., LLC, 808 S.E.2d 576 (N.C. Ct. App. 2017). · cites it 4× “2d at 128 (brackets omitted) (citing N.C. Gen. Stat. § 1-257 (2001) ). Section 1-257 expressly grants trial courts discretion when evaluating a declaratory judgment remedy "because trial courts are best positioned to assess the facts bearing on the usefulness of declaratory…”
Smith v. USAA Cas. Ins. Co., 819 S.E.2d 610 (N.C. Ct. App. 2018). · cites it 6× “N.C. Gen. Stat. § 1-257 states, in pertinent part, as follows: [A] controversy between insurance companies, arising either by direct action or by joinder or intervention, with respect to which of two or more of the insurers is liable under its particular policy and the insurers'…”
State Ex Rel. Edmisten v. Tucker, 323 S.E.2d 294 (N.C. 1984). · cites it 3× “In view of our conclusion that the trial court correctly dismissed the complaint on the grounds that it failed to disclose the existence of an actual or real existing controversy between antagonistic litigants as to ail defendants, we need not address the trial court’s…”
Farber v. North Carolina Psychology Bd., 569 S.E.2d 287 (N.C. Ct. App. 2002). · cites it 4× “By his second assignment of error, petitioner argues that the trial court erred when it refused to render a declaratory judgment regarding the constitutionality of section 90-270.”
Asheville Lakeview Props., LLC v. Lake View Park Comm'n, Inc., 803 S.E.2d 632 (N.C. Ct. App. 2017). · cites it 3× “2d 125 , 130 (2002) (citing N.C.G.S. § 1-257 (2005) )). However, "if the statute of limitations was properly applied to plaintiff's underlying claims, no relief can be afforded under the Declaratory Judgment[s] Act.”
New Bar P'ship v. Martin, 729 S.E.2d 675 (N.C. Ct. App. 2012). · cites it 2× “]” N.C. Gen. Stat. § 1-257 (2011). “The trial court’s decision to grant or deny such relief will be reversed only upon a showing of abuse of discretion.”
McVicker v. Bogue Sound Yacht Club, Inc., 809 S.E.2d 136 (N.C. Ct. App. 2017). · cites it 2× “" N.C. Gen. Stat. § 1-257 (2015). The issue of whether Defendant had authority to impose the $250 construction bond is moot, as both parties agree Defendant fully refunded the bond to Plaintiffs.”
The Cherry Cmty. Org. v. The City of Charlotte, 809 S.E.2d 397 (N.C. Ct. App. 2018). · cites it 2× “Furthermore, under N.C. Gen. Stat. § 1-257 (2016), a trial 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[.”
Tai Sports, Inc. v. Hall, 2012 NCBC 62 (N.C. Bus. Ct. 2012). “at § 1-257; see also Augur v. Augur, 356 N.C.”
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