This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Complaint For Declaratory Judgment In Kings
Category:
State:
Multi-State
County:
Kings
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
To establish federal jurisdiction in a declaratory judgment action, two conditions must be satisfied. First, is the constitutional inquiry - the case must be a 'case or controversy' pursuant to Article III of the US Constitution. Second is the prudential inquiry – declaratory relief must be appropriate.
Declaratory judgment. The supreme court may render a declaratory judgment having the effect of a final judgment as to the rights and other legal relations of the parties to a justiciable controversy whether or not further relief is or could be claimed.
It may sometimes be necessary to get a declaratory judgment to clear the air regarding policy-related issues. A party typically files a petition or complaint with the court to obtain a declaratory judgment, asking for a declaration or ruling on the specific legal issue in question.
This is a court-issued judgment that has the court clarify and affirm any rights, obligations and responsibilities of one or more parties involved in insurance litigation or other civil disputes.
Motion papers must be filed with the E-file/Motion Support Office located in Room 227, Ex Parte Office located on the 10th Floor, Foreclosure Part Office located Room 295, OR in the Guardianship/Mental Hygiene Office located in Room 285 (see Note #2), at 360 Adams Street at least five (5) business days before the ...
A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed; or when a party or parties believe that their rights under law and/or contract might conflict; or as part of a counterclaim to prevent further lawsuits from the same plaintiff (for example, ...
As per CPLR 3212(b), a motion for summary judgment must be supported by an affidavit. This affidavit should be from someone with knowledge of the facts, recite all material facts, and demonstrate the absence of a defense or the lack of merit in a cause of action or defense.
More info
What forms of relief could the court grant me in a civil action? 15. What format should I follow to generate a complaint?In an action seeking declaratory relief, the court determines the rights of each party in a dispute. There are, however, instances when the declaratory judgment complaint itself can function as the insurer's denial of coverage. For instance, in New York, a. Plaintiffs respectfully request the following relief: (i) a declaratory judgment that. Court is needed to resolve the dispute and controversy. 87. Plaintiff seeks a Declaratory Judgement to determine whether the Civil Authority. In a straight complaint allegation case, for instance, there should be extremely limited discovery, beyond verification of the pleadings and the policy. Some of the forms, such as the form for a generic complaint, apply to different types of cases.