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.
Form Declaratory Judgment Complaint In Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
They are generally requested when a lawsuit is threatened but before the lawsuit is actually filed, when a conflict might exist between a party's or parties' rights under law or under contract and as a way to prevent multiple lawsuits from the same plaintiff.
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 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.
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.
The benefit of a declaratory judgment is that it prevents lawsuits that are likely to be unsuccessful, which saves the courts, and ultimately taxpayers, resources and time. A policyholder that receives an unfavorable declaratory judgment is unlikely to file a lawsuit, as the suit is much more likely to be dismissed.
Declaratory judgments can provide legal certainty to each party in a matter when this could resolve or assist in a disagreement. Often an early resolution of legal rights will resolve some or all of the other issues in a matter.
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 plaintiff seeking declaratory relief must show that there is an actual controversy even though declaratory relief will not order enforceable action against the defendant. An actual controversy means there is a connection between the challenged conduct and injury, and redressability that the court could order.
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.
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Be careful to use the form that fits your case and the type of pleading you want to file. In an action for a declaratory judgment, the demand for relief in the complaint shall specify the rights and other legal relations upon which a declaration is.Fill in the case number and plaintiff's name in the caption of the Waiver of Service of. This Court has jurisdiction over this First Amendment challenge under 28 U.S.C. § 1331 and the Declaratory Judgment Act, 28 U.S.C. §§ 220102. Complaint for Declaratory Judgment and Relief. ___ Complete this form in its entirety, sign and date ( With Appropriate Attachments). Complaint for Interpleader and Declaratory Relief, Civil Pro Se Forms. Pro Se 13, Complaint for Review of Social Security Decision, Civil Pro Se Forms. File the original of the written answer with the Clerk of Superior Court of the county named above. Cooper, III, in his official capacity as Governor of the State of North Carolina, seeking (a) a declaratory judgment under N.C. Gen. Stat.