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

Utah Code § 78B-6-403 (2026)

Parties

✓ current as of May 2026
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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, 2011 UT App 230 (Utah Ct. App. 2011).
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Skypark Airport Ass'n, LLC v. Jensen, 2011 UT App 230 (Utah Ct. App. 2011). · 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 UT 17 (Utah 2019). · 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 Cnty. Gov't, 2024 UT App 80 (Utah Ct. App. 2024). · 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 UT App 41 (Utah Ct. App. 2019). · 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 Ins. Co. v. Dixon, 2025 UT App 38 (Utah Ct. App. 2025). · 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 (10th Cir. 2019). “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 UT 17 (Utah 2019). “" 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 UT App 41 (Utah Ct. App. 2019). “" 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 Ins. Co. v. Dixon, 2025 UT App 38 (Utah Ct. App. 2025). “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 (10th Cir. 2019). “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 Cnty. Gov't, 2024 UT App 80 (Utah Ct. App. 2024). “See Utah Code § 78B-6-403(3) (“If a statute .”
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