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

Utah Code § 78B-6-408 (2026)

Rights, status, legal relations under instruments, or statutes may be determined

✓ current as of May 2026
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A person with an interest in a deed, will, or written contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may request the court to determine any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations.

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 2010–2024 · 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 2× “Oltmanns's claim falls under third-party liability law, the relevant questions are whether the insurer initiated the declaratory judgment action to have the court determine a "question of construction or validity" as defined by Utah Code section 78B-6-408 and whether the…”
Laws v. Grayeyes, 2021 UT 59 (Utah 2021). “UTAH CODE § 78B-6-408. ¶88 In the oldest of these cases, Lyon, we stated that when dealing with ―statutes authorizing courts to render declaratory relief,‖ courts ―must operate within the constitutional and statutory powers and duties imposed upon them.”
Bleazard v. City of Erda, 2024 UT 17 (Utah 2024). “3d 592 ; see also UTAH CODE § 78B-6-408. But to bring a declaratory judgment action, a plaintiff must show that “the justiciable and jurisdictional elements requisite in ordinary actions are present.”
Hideout v. Summit Cnty., 2024 UT 16 (Utah 2024). “§ 78B-6-408; see also id. § 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.”
Bleazard v. Henderson, 2024 UT 17 (Utah 2024). “3d 592 ; see also UTAH CODE § 78B-6-408. But to bring a declaratory judgment action, a plaintiff must show that “the justiciable and jurisdictional elements requisite in ordinary actions are present.”
Fire Ins Exch. v. Oltmanns, 2017 UT 81 (Utah 2017). · cites it 2× “Oltmanns’s claim falls under third-party liability law, the relevant questions are whether the insurer initiated the declaratory judgment action to have the court determine a ”question of construction or validity” as defined by Utah Code section 78B-6-408 and whether the…”
Juricic v. Autozone, Inc., 2010 UT App 109 (Utah Ct. App. 2010). · cites it 2× “elements requisite in ordinary actions are present”); see also Utah Code Ann. § 78B-6-408 (2008) (allowing only persons whose rights are affected to request declaratory relief).”
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