- Exceptions. District courts may, in cases of actual controversy, determine rights, status, or other legal relations, including but not limited to a determination of the construction or validity of any foreign judgment or decree, deed, contract, trust, or other instrument or agreement or of any statute, municipal ordinance, or other governmental regulation, whether or not other relief is or could be claimed, except that no declaration shall be made concerning liability or nonliability for damages on account of alleged tortious injuries to persons or to property either before or after judgment or for compensation alleged to be due under workers' compensation laws for injuries to persons. The determination may be made either before or after there has been a breach of any legal duty or obligation, and it may be either affirmative or negative in form and effect; provided however, that a court may refuse to make a determination where the judgment, if rendered, would not terminate the controversy, or some part thereof, giving rise to the proceeding.
Added by Laws 1961, p. 58, § 1, eff. Oct. 1, 1961. Amended by Laws 1974, c. 134, § 1, emerg. eff. May 3, 1974; Laws 2004, c. 519, § 1, eff. Nov. 1, 2004.
Notes of Decisions
Shero v. City of Grove, Okl., 510 F.3d 1196 (10th Cir. 2007).
· cites it 4× “Shero as the defendant pursuant to the Oklahoma Declaratory Judgment Act, Okla. Stat. tit. 12, § 1651 . I Aplt.App.”
Torres v. Seaboard Foods, LLC, 2016 OK 20 (Okla. 2016).
· cites it 2× “2d 299, 301 (listing four elements of justiciability and explaining 12 O.S. § 1651 [declaratory judgment proceeding] invests District Courts with jurisdiction in cases of actual controversy to determine the construction or validity of any statute.”
Bailey v. State Ex Rel. Bd. of Tests for Alcohol & Drug Influence, 2022 OK 50 (Okla. 2022).
· cites it 9× “Trial Court Controversy ¶2 Plaintiffs' petition in the District Court invoked a statute authorizing a declaratory judgment ( 12 O.S. § 1651 75 O.S. §§ 253 ¶3 The challenged rules were adopted in response to a decision by the Court of Civil Appeals.”
State Ex Rel. Oklahoma Firefighters Pension & Ret. Sys. v. City of Spencer, 2009 OK 73 (Okla. 2009).
· cites it 5× “It urges (1) COCA erred in concluding there is no statutory authority on which to bottom the System's request to require the City to terminate Cummings' employment and (2) the district court has the authority to grant the relief sought under the authority of the Declaratory…”
Wylie v. Chesser, 2007 OK 81 (Okla. 2007).
· cites it 2× “12 O.S.2001, § 1651 et seq., as amended. Title 12 O.”
Walters v. Oklahoma Ethics Comm'n, 746 P.2d 172 (Okla. 1987).
· cites it 5× “He asserts 12 O.S.1981 § 1651 under the Oklahoma Declaratory Judgments Act permits the district court to construe the loan statute concerning his rights with respect to the Act.”
Bristow First Assembly of God v. BP p.l.c., 210 F. Supp. 3d 1284 (N.D. Okla. 2016).
· cites it 2× “) Plaintiffs argue Okla. Stat. tit. 12, § 1651 entitles Plaintiffs to seek a declaratory judgment requiring the prior landowners to indemnity and/or contribute to any claims for which Plaintiffs “might be held liable.”
MacY v. Oklahoma City Sch. Dist. No. 89, 1998 OK 58 (Okla. 1998).
· cites it 3× “Within ten days after this order 25% of the school district electors who were eligible to vote at the election could *807 appeal the Superintendent's order to the district court.”
Ethics Comm'n v. Cullison, 850 P.2d 1069 (Okla. 1993).
· cites it 2× “The argument that this Court can not exercise jurisdiction, and that the Commission has no legal right to vindicate, all because there is no common law remedy 2 *1073 for this particular controversy finds some support in common law prior to 1848, but it has no place in…”
Bd. of Law Library Trs. v. State Ex Rel. Petuske, 825 P.2d 1285 (Okla. 1991).
· cites it 3× “” We hold that the action brought by the Trustees should have been dismissed because (1) their claim is not cognizable in the ordinary course of adjudicative process 7 affordable by the district court’s judicature; (2) the relief sought is clearly dehors the purview of the…”
Carpenter v. Carpenter, 645 P.2d 476 (Okla. 1982).
· cites it 2× “12 O.S.Supp. 1974 § 1651 et seq. [13] A declaratory judgment suit may be either legal or equitable.”
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