This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Declaratory Judgment Form Texas Withholding In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-000279
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Section 37.004 - Subject Matter of Relief (a) A person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or ...
A declaratory judgment is “a binding adjudication that establishes the rights and other legal relations of the parties without providing for or ordering enforcement.” (Black Law Dictionary, 11th ed.)
A declaratory judgment plaintiff does not need to allege actual infringement. It is sufficient, for standing purposes, to show that a party “has engaged in a course of conduct evidencing a definite intent and apparent ability to commence use of the mark.” See Starter Corp. v. Converse, Inc., 84 F.
37.006. PARTIES. (a) When declaratory relief is sought, all persons who have or claim any interest that would be affected by the declaration must be made parties. A declaration does not prejudice the rights of a person not a party to the proceeding.
33.004. DESIGNATION OF RESPONSIBLE THIRD PARTY. (a) A defendant may seek to designate a person as a responsible third party by filing a motion for leave to designate that person as a responsible third party.
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.