Utah Code » Title 78B, Chapter 6 — Particular Proceedings; part 78B-6-4 — Declaratory Judgments
Utah Code

Utah Code § 78B-6-401 (2026)

Power to issue declaratory judgment -- Form -- Effect

✓ current as of May 2026
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A court with jurisdiction under Title 78A, Judiciary and Judicial Administration, has the power to issue declaratory judgments determining rights, status, and other legal relations within its respective jurisdiction.
An action or proceeding may not 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 shall have the force and effect of a final judgment or decree.
Notes of Decisions
Cited in 17 cases (8 in the last 5 years), 2013–2024 · leading case: Fire Ins Exch. v. Oltmanns, 2018 UT 10 (Utah 2018).
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Fire Ins Exch. v. Oltmanns, 2018 UT 10 (Utah 2018). · cites it 11× “The insurer's rights under third-party claims ¶56 Under Utah Code section 78B-6-401, (the declaratory judgment statute) "[e]ach district court has the power to issue declaratory judgments determining rights, status, and other legal relations within its respective jurisdiction.”
Cincinnati Ins. v. AMSCO Windows, 921 F. Supp. 2d 1226 (D. Utah 2013). · cites it 2× “) The Utah declaratory judgment statute as revised by the Utah Legislature in 2008 and in effect at the time Cincinnati's Complaint was filed is found at Utah Code Ann. §§ 78B-6-401 through 78B-6-412 (2008).”
Williamson v. Farrell, 2019 UT App 123 (Utah Ct. App. 2019). · cites it 3× “§§ 78B-6-401, -403, -407, -411 (using the term "proceeding" to refer to one declaratory judgment action).”
Salt Lake City Corp. v. Haik, 2019 UT App 4 (Utah Ct. App. 2019). · cites it 2× “" Utah Code Ann. § 78B-6-401(1) (LexisNexis 2012).”
Salt Lake Cnty v. State of Utah, 2020 UT 27 (Utah 2020). “3d 1101 (quoting 48 UTAH CODE § 78B-6-401(1)). 49 Lyon, 228 P.2d at 820 .”
Bleazard v. City of Erda, 2024 UT 17 (Utah 2024). “The Landowners’ Challenge ¶20 The Landowners filed a complaint against Erda and the Lieutenant Governor, seeking relief under the Declaratory Judgment Act, see UTAH CODE §§ 78B-6-401 to -412. 4 The __________________________________________________________ 4 Before the district…”
Williamson v. Farrell, 2024 UT App 111 (Utah Ct. App. 2024). · cites it 2× “” Utah Code Ann. § 78B-6-401(1) (LexisNexis 2022).”
Hideout v. Summit Cnty., 2024 UT 16 (Utah 2024). “§ 78B-6-401(1) (“Each district court has the power to issue declaratory judgments determining rights, status, and other legal relations within its respective jurisdiction.”
Erda Cmty. Ass'n v. Skywalk Dev., 2024 UT App 161 (Utah Ct. App. 2024). · cites it 2× “¶ 9; see also Utah Code §§ 78B-6-401 to -412. This reflects an inaccurate construction because “despite its broad terms, the Declaratory Judgment Act does not open courthouse doors that would be closed without it.”
Downs v. Thompson, 2019 UT 53 (Utah 2019). · cites it 2× “Additionally, Utah Code section 78B-6-401(1) affirmatively provides that “[e]ach district court has the power to issue declaratory judgments determining rights, status, and other legal relations within its respective jurisdiction.”
Laumalie Ma'Oni'Oni Free Wesleyan Church of Tonga v. Ma'Afu, 2019 UT App 41 (Utah Ct. App. 2019). “§ 78B-6-401(1) (LexisNexis 2018) ("Each district court has the power to issue declaratory judgments determining rights, status, and other legal relations within its respective jurisdiction.”
Bleazard v. Henderson, 2024 UT 17 (Utah 2024). “The Landowners’ Challenge ¶20 The Landowners filed a complaint against Erda and the Lieutenant Governor, seeking relief under the Declaratory Judgment Act, see UTAH CODE §§ 78B-6-401 to -412. 4 The __________________________________________________________ 4 Before the district…”
Show all 17 citing cases →
— Utah Code § 78B-6-401(1) — 10 cases
Fire Ins Exch. v. Oltmanns, 2018 UT 10 (Utah 2018). “The insurer's rights under third-party claims ¶56 Under Utah Code section 78B-6-401, (the declaratory judgment statute) "[e]ach district court has the power to issue declaratory judgments determining rights, status, and other legal relations within its respective jurisdiction.”
Salt Lake City Corp. v. Haik, 2019 UT App 4 (Utah Ct. App. 2019). “" Utah Code Ann. § 78B-6-401(1) (LexisNexis 2012).”
Salt Lake Cnty v. State of Utah, 2020 UT 27 (Utah 2020). “3d 1101 (quoting 48 UTAH CODE § 78B-6-401(1)). 49 Lyon, 228 P.2d at 820 .”
Williamson v. Farrell, 2019 UT App 123 (Utah Ct. App. 2019). “§§ 78B-6-401, -403, -407, -411 (using the term "proceeding" to refer to one declaratory judgment action).”
Williamson v. Farrell, 2024 UT App 111 (Utah Ct. App. 2024). “” Utah Code Ann. § 78B-6-401(1) (LexisNexis 2022).”
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