[Rev. 11/21/2013 8:58:07 AM--2013]

CHAPTER 30 - DECLARATORY JUDGMENTS

UNIFORM ACT

NRS 30.010             Short title.

NRS 30.020             “Person” defined.

NRS 30.030             Scope.

NRS 30.040             Questions of construction or validity of instruments, contracts and statutes.

NRS 30.050             Contract may be construed before or after breach.

NRS 30.060             Declaration of rights in certain cases.

NRS 30.070             Enumeration not exclusive.

NRS 30.080             Discretion of court to render or enter judgment.

NRS 30.090             Review.

NRS 30.100             Supplemental relief.

NRS 30.110             Jury trial.

NRS 30.120             Costs.

NRS 30.130             Parties.

NRS 30.140             Construction.

NRS 30.150             Severability.

NRS 30.160             Uniformity of interpretation.

ORDERS RESTRAINING NEWS MEDIA

NRS 30.170             Validity of order prohibiting publication or broadcasting of information concerning judicial proceedings and actions.

_________

UNIFORM ACT

      NRS 30.010  Short title.  NRS 30.010 to 30.160, inclusive, may be cited as the Uniform Declaratory Judgments Act.

      [16:22:1929; NCL § 9455]

      NRS 30.020  “Person” defined.  “Person” wherever used in NRS 30.010 to 30.160, inclusive, shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.

      [13:22:1929; NCL § 9452]

      NRS 30.030  Scope.  Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.

      [1:22:1929; NCL § 9440]

      NRS 30.040  Questions of construction or validity of instruments, contracts and statutes.

      1.  Any person interested under a deed, 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 validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.

      2.  A maker or legal representative of a maker of a will, trust or other writings constituting a testamentary instrument may have determined any question of construction or validity arising under the instrument and obtain a declaration of rights, status or other legal relations thereunder. Any action for declaratory relief under this subsection may only be made in a proceeding commenced pursuant to the provisions of title 12 or 13 of NRS, as appropriate.

      [2:22:1929; NCL § 9441]—(NRS A 2009, 1636)

      NRS 30.050  Contract may be construed before or after breach.  A contract may be construed either before or after there has been a breach thereof.

      [3:22:1929; NCL § 9442]

      NRS 30.060  Declaration of rights in certain cases.

      1.  Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic or insolvent, may have a declaration of rights or legal relations in respect thereto:

      (a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others;

      (b) To direct the executors, administrators or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

      (c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills, trusts and other writings.

      2.  Any action for declaratory relief under this section may only be made in a proceeding commenced pursuant to the provisions of title 12 or 13 of NRS, as appropriate.

      [4:22:1929; NCL § 9443]—(NRS A 2009, 1636)

      NRS 30.070  Enumeration not exclusive.  The enumeration in NRS 30.040, 30.050 and 30.060 does not limit or restrict the exercise of the general powers conferred in NRS 30.030 in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.

      [5:22:1929; NCL § 9444]

      NRS 30.080  Discretion of court to render or enter judgment.  The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

      [6:22:1929; NCL § 9445]

      NRS 30.090  Review.  All orders, judgments and decrees under NRS 30.010 to 30.160, inclusive, may be reviewed as other orders, judgments and decrees.

      [7:22:1929; NCL § 9446]

      NRS 30.100  Supplemental relief.  Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.

      [8:22:1929; NCL § 9447]

      NRS 30.110  Jury trial.  When a proceeding under NRS 30.010 to 30.160, inclusive, involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

      [9:22:1929; NCL § 9448]

      NRS 30.120  Costs.  In any proceeding under NRS 30.010 to 30.160, inclusive, the court may make such award of costs as may seem equitable and just.

      [10:22:1929; NCL § 9449]

      NRS 30.130  Parties.  When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the Attorney General shall also be served with a copy of the proceeding and be entitled to be heard.

      [11:22:1929; NCL § 9450]

      NRS 30.140  Construction.  NRS 30.010 to 30.160, inclusive, are declared to be remedial; their purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and are to be liberally construed and administered.

      [12:22:1929; NCL § 9451]

      NRS 30.150  Severability.  The several sections and provisions of NRS 30.010 to 30.160, inclusive, except NRS 30.030 and 30.040, are hereby declared independent and severable, and the invalidity, if any, or part or feature thereof shall not affect or render the remainder of such sections invalid or inoperative.

      [14:22:1929; NCL § 9453]

      NRS 30.160  Uniformity of interpretation.  NRS 30.010 to 30.160, inclusive, shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.

      [15:22:1929; NCL § 9454]

ORDERS RESTRAINING NEWS MEDIA

      NRS 30.170  Validity of order prohibiting publication or broadcasting of information concerning judicial proceedings and actions.

      1.  If during the course of any proceeding or the trial of any action in any court, the trial judge issues an order prohibiting a newspaper or other news media from publishing or broadcasting information lawfully obtained by such newspaper or other news media concerning such proceeding or trial, the newspaper or other news media may seek declaratory relief concerning the validity of the order by filing a petition with:

      (a) A district judge of the judicial district where the court sits; or

      (b) Any district judge of an adjacent judicial district, if there is only one district judge in the judicial district in which such proceeding or action is being heard or tried.

      2.  All cases in which the validity of any such order is questioned shall be advanced as a matter of immediate public interest and concern, and shall be heard at the earliest practicable moment.

      3.  Notwithstanding the provisions of NRS 30.080, a district court shall not refuse to render or enter a declaratory judgment or decree if the proceeding or trial in which the prohibitory order was entered has been concluded, the orderly administration of justice demanding an early judicial examination into and a determination of the validity of the order to afford relief from uncertainty and insecurity with respect to constitutional rights.

      (Added to NRS by 1971, 846)