I have noticed a marked increase in declaratory judgment actions being filed by insurers of defendants in personal injury, premises liability, wrongful death and dog bite cases.The usual basis for the declaratory judgment action is that the insurer asserts in its pleadings that there is no insurance for the event that caused the injury, most often claiming that an exclusion in the policy applies. This statute is known as the Federal Declaratory Judgments Act (FDJA). Taylor v. Tinsley, 138 Colo. 182, 330 P.2d 954 (1958). INTRODUCTION TO DECLARATORY RELIEF [The following article was excerpted from John T. Blanchard's law school textbook, California Remedies: Commentary, Materials and Problems (3d ed. § 3001. To establish federal jurisdiction in a declaratory judgment action, two conditions must be satisfied. NY CPLR § 3001 (2012) What's This? Declaratory judgment. . Rule 1.1101 - Declaratory judgments permitted. This petition requests the court to render a judgment as a declaratory judgment. Information or instructions: Petition for a Declaratory Judgment . Declaratory judgment is not the proper remedy to determine status of a person confined in the state penitentiary, the proper remedy being habeas corpus where if warranted a coercive order could be entered. . For instance, an insurance company might seek a declaratory judgment that it is not responsible for covering an insurance claim under the policy. Creation of remedy (a) In a case of actual controversy within its jurisdiction, except with respect to Federal taxes . Courts of record within their respective jurisdictions shall declare rights, status, and other legal relations whether or not further relief is or could be claimed. Enter a declaratory Judgment findingthat based upon circumstances outlined in this complaint that the document attached to this complaint is sufficient to facilitate the issuance of a duplicate title. It shall be no objection that a declaratory judgment or decree is prayed for. §§2201-2202; 2201. A declaratory judgment can be a good tactical move in litigation to secure a preferred venue, create the possibility of attorney’s fees, or simply to position yourself as a plaintiff rather than a defendant. The application therefor shall be by petition to a court having jurisdiction to grant the relief. Vehicles to issue a duplicate title for : The history of declaratory judgments continues with Congress enacting a statute in 1934, similar to that of the UDJA, that authorizes federal courts to grant declaratory judgments. Enter a declaratory judgment requiring the Department of Highway Safety and Motor . A declaratory judgment is used when a justicible controversy exists and a court order is desired to obtain an opinion from the court in the form of a judgment… Article 30 - (3001 - 3045) REMEDIES AND PLEADING 3001 - Declaratory judgment. ©1997)] Disputes regarding business transactions (including, of course, business transactions for household or personal purposes, a conventional definition of "consumer" transactions) often evolve … The resulting declaratory judgment should, theoretically, resolve the controversy and avoid further litigation of an issue. There can be no coercive judgment in a proceeding under the declaratory judgment rule. 1. Federal: Declaratory Judgment Act, 28 U.S.C. Declaratory judgments are enforceable like other court-issued judgments, but unlike a normal judgment, they can be obtained before a breach of a legal duty has occurred and without going through a full trial. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. B. A.