Declaratory Judgment

1 Elements and Case Citations

1. A bona fide, actual, present practical need for declaration;
2. The declaration should concern a present, ascertained or ascertainable state of facts or present controversy as to a state of facts;
3. An immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts;
4. A person or persons have, or reasonably may have, an actual, present, adverse and antagonistic interest in the subject matter, either in fact or law;
5. The antagonistic and adverse interest(s) are all before the court by proper process or class representation; and
6. The relief sought is not merely giving of legal advice or the answer to questions propounded for curiosity.

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