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Declaratory Judgment Filed With Dol In Virginia
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1 Virginia Code § 8.01-184 authorizes Virginia circuit courts “to make binding adjudications of right,” even if the “decree is merely declaratory of right.” 1.1. 2 In other words, the parties “have their rights and relations determined and established” in the judgment.
In civil actions that result in a judgment, all documents in the possession of the general district court shall be retained for 10 years and, unless sooner satisfied, the judgment shall remain in force for a period of 10 years; 3.
§ 8.01-265. The court, on motion of any party and for good cause shown, may retain the action for trial. Except by agreement of all parties, no action enumerated in Category A, § 8.01-261, shall be transferred to or retained by a forum not enumerated in such category.
§ 8.01-186. Further relief based on a declaratory judgment order or decree may be granted whenever necessary or proper. The application shall be by motion to a court having jurisdiction to grant the relief.
§ 8.01-131. Action of ejectment retained; when and by whom brought. A. The action of ejectment is retained, subject to the provisions hereinafter contained, and to the applicable Rules of Court.
§ 8.01-186. Further relief based on a declaratory judgment order or decree may be granted whenever necessary or proper. The application shall be by motion to a court having jurisdiction to grant the relief.
A declaratory judgment is a ruling of the court to clarify something (usually a contract provision) that is in dispute. A summary judgment is a ruling that a case or portion of a case must be dismissed because there are no triable issues of material fact in dispute.
Another reason for insurers to pursue a declaratory judgment is that it allows the insurance carrier to “set the table” for the litigation. The insurer gets to tell their side of the story first and introduce key aspects of the dispute to their advantage.
An example of a declaratory judgment in an insurance situation may occur when a policyholder and an insurer disagree about whether a particular claim is covered under the insurance policy. For instance, suppose a homeowner files a claim with their insurance company for damages to their home caused by a storm.
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.