Vermont Statutes Annotated
Vt. Stat. Ann. tit. 12, § 4716 (2026)
Refusal to enter judgment; discretion of court
✓ current as of May 2026
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(Cite as: 12 V.S.A. § 4716)
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§ 4716. Refusal to enter judgment; discretion of court
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1974–2026 · leading case: Williams v. State, 589 A.2d 840 (Vt. 1990).
Williams v. State, 589 A.2d 840 (Vt. 1990). “12 V.S.A. § 4716 (“The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.”
Neal v. Brockway, 385 A.2d 1069 (Vt. 1978). “Alternatively, the motion to dismiss urged the court to refuse to declare the rights of the parties under 12 V.S.A. § 4716 on the basis that the plaintiff had a clear and adequate remedy at law.”
C v. Landfill, Inc. v. Env't Bd., 610 A.2d 145 (Vt. 1992). “relies on 12 V.S.A. § 4716 of the DJA (entitled “Refusal to enter judgment; discretion of court”), which states that “[tjhe court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the…”
Preseault v. Wheel, 315 A.2d 244 (Vt. 1974). “12 V.S.A. § 4716 provides: “The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.”
Fuss v. Gaudet (Vt. Super. Ct. 2026). “Additionally, 12 V.S.A. § 4716 provides that “[t]he court may refuse to render or enter declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.”
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