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A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
A declaratory judgment is legally binding and has the same result and power than a final judgment. These judgments are also known as a declaration or declaratory relief.
Declaratory relief, also commonly known as declaratory judgment or declaration, is a form of discretionary remedy which parties may seek from the court. A declaration is essentially a statement made by the court at the request of a party.
Steps in Seeking a Declaratory Judgment Review the facts of the case. Research and obtain additional evidence and title information from the client or the Missouri Department of Revenue. File a petition asking the appropriate court for a declaratory judgment.
Certain elements must be present to request and receive a declaratory judgment. Specifically, declaratory relief requires (1) a justiciable controversy; (2) a legally protectable interest at stake; (3) a controversy ripe for judicial determination; and (4) an inadequate remedy at law. Missouri Soybean v.