A court of record within its jurisdiction 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 declaration shall
have the force and effect of a final judgment or decree.
\n
32-23-02. Power to construe contracts, statutes, and wills.
Any 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 any question of construction or validity
arising under the instrument, statute, ordinance, contract, or franchise and may obtain a
declaration of rights, status, or other legal relations thereunder.
\n
Notes of Decisions
Farmers Union Mut. Ins. Co. v. Decker, 2005 ND 173 (N.D. 2005).
· cites it 4× “N.D.C.C. § 32-23-01. Any 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 any question…”
Ennis v. Dasovick, 506 N.W.2d 386 (N.D. 1993).
· cites it 4× “" N.D.C.C. § 32-23-01. This court has previously stated as dicta that, generally, a declaratory judgment is intended to clarify the rights of parties before those rights are violated; and once those rights are violated, declaratory relief is inappropriate.”
Somerset Court v. Burgum, 2021 ND 58 (N.D. 2021).
· cites it 2× “Section 32-23-01, N.D.C.C., authorizes courts to enter declaratory judgments.”
Funke v. Aggregate Constr., Inc., 2015 ND 123 (N.D. 2015).
· cites it 4× “Under N.D.C.C. § 32-23-01, a “court of record within its jurisdiction shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed.”
Olympic Fin. Grp. v. ND Dep't of Fin. Institutions, 2023 ND 38 (N.D. 2023).
· cites it 2× “may have determined any question of construction or validity arising under the . . . statute . . . and may obtain a declaration of rights, status, or other legal relations thereunder.”
Schultze v. Cont'l Ins. Co., 2000 ND 209 (N.D. 2000).
· cites it 2× “The district court granted Continental summary judgment, concluding all of Schultze’s former employee’s claims originated before the *513 prior acts date of January 23, 1998, and Continental therefore had no duty to defend him against those claims.”
Aberle v. Karn, 316 N.W.2d 779 (N.D. 1982).
· cites it 2× “Declaratory judgment may be used to declare rights, status, and other legal relations (§ 32-23-01, NDCC) under written contracts or other writings constituting a contract (§ 32-23-02, NDCC), but the court, in its discretion, may refuse where the judgment entered would not…”
Schaff v. Schaff, 446 N.W.2d 28 (N.D. 1989).
· cites it 2× “Section 32-23-01, N.D.C.C., authorizes a court to declare the “rights, status, and other legal relations” of the parties in a declaratory judgment action.”
Thet Mah & Assocs., Inc. v. First Bank of North Dakota (NA), Minot, 336 N.W.2d 134 (N.D. 1983).
· cites it 2× “The “declaratory judgment” consists of a memorandum opinion dated 1 December 1982 which the court treated as a final judgment by erroneously interpreting NDCC § 32-23-01 which provides, in part, as follows: “No action or proceeding shall be open to objection on the ground that a…”
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