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

Utah Code § 78B-6-403

Parties

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When declaratory relief is sought all persons shall be made parties who have or claim any interest which would be affected by the declaration, and a declaration may not prejudice the rights of persons not parties to the proceeding.
In any proceeding which involves the validity of a municipal or county ordinance or franchise, the municipality or county shall be made a party, and shall be entitled to be heard.
If a statute or state franchise or permit is alleged to be invalid, the attorney general shall be served with a copy of the proceeding and be entitled to be heard.
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2011–2025 · leading case: SKYPARK AIRPORT ASS'N, LLC v. Jensen
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SKYPARK AIRPORT ASS'N, LLC v. Jensen (2011) utahctapp · cites it 8× “19, or Utah Code section 78B-6-403, which discusses joinder of interested parties in the context of an action for declaratory relief, see Utah Code Ann. § 78B-6-403 (2008). However, as a nonparty to the suit, Dynasty lacks standing to bring a motion under either of these…”
Bell Canyon Acres Homeowners Ass'n v. McLelland (2019) utah · cites it 4× “" Utah Code § 78B-6-403(1). One reading of this language is that a declaration may not prejudice any person that is not party to a proceeding- i.”
Graves v. Utah County Government (2024) utahctapp · cites it 2× “See Utah Code § 78B-6-403(3) (“If a statute .”
Laumalie Ma'Oni'Oni Free Wesleyan Church of Tonga v. Ma'Afu (2019) utahctapp · cites it 4× “" See Utah Code Ann. § 78B-6-403(1) (LexisNexis 2018) ("When declaratory relief is sought all persons shall be made parties who have or claim any interest which would be affected by the declaration .”
Prime Insurance Company v. Dixon (2025) utahctapp · cites it 2× “Instead, the court’s reasoning was focused on the interpretation of the Policy and, in so doing, it reasoned that because Daughter was a passenger—a fact over which there is apparently no dispute considering that Dyer herself asserted as much in her complaint in the wrongful…”
Long v. Halliday (2019) ca10 “Long contends that Utah’s declaratory judgment act, in particular Utah Code Ann. § 78B-6-403(1), requires joinder of all “parties who have or claim 7 any interest which would be affected by the declaration.”
— Utah Code § 78B-6-403(1) — 4 cases
Bell Canyon Acres Homeowners Ass'n v. McLelland (2019) utah “" Utah Code § 78B-6-403(1). One reading of this language is that a declaration may not prejudice any person that is not party to a proceeding- i.”
Laumalie Ma'Oni'Oni Free Wesleyan Church of Tonga v. Ma'Afu (2019) utahctapp “" See Utah Code Ann. § 78B-6-403(1) (LexisNexis 2018) ("When declaratory relief is sought all persons shall be made parties who have or claim any interest which would be affected by the declaration .”
Prime Insurance Company v. Dixon (2025) utahctapp “Instead, the court’s reasoning was focused on the interpretation of the Policy and, in so doing, it reasoned that because Daughter was a passenger—a fact over which there is apparently no dispute considering that Dyer herself asserted as much in her complaint in the wrongful…”
Long v. Halliday (2019) ca10 “Long contends that Utah’s declaratory judgment act, in particular Utah Code Ann. § 78B-6-403(1), requires joinder of all “parties who have or claim 7 any interest which would be affected by the declaration.”
— Utah Code § 78B-6-403(3) — 1 case
Graves v. Utah County Government (2024) utahctapp “See Utah Code § 78B-6-403(3) (“If a statute .”
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