Md. Code Ann., Cts. & Jud. Proc. § 3-409
Declaratory judgments or decrees
Effective Apr 8, 2006Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 2006, c. 44, § 6, eff. April 8, 2006.State of Maryland
(a) Except as provided in subsection (d) of this section, a court may grant a declaratory judgment or decree in a civil case, if it will serve to terminate the uncertainty or controversy giving rise to the proceeding, and if:
- (1) An actual controversy exists between contending parties;
- (2) Antagonistic claims are present between the parties involved which indicate imminent and inevitable litigation; or
- (3) A party asserts a legal relation, status, right, or privilege and this is challenged or denied by an adversary party, who also has or asserts a concrete interest in it.
- (b) If a statute provides a special form of remedy for a specific type of case, that statutory remedy shall be followed in lieu of a proceeding under this subtitle.
- (c) A party may obtain a declaratory judgment or decree notwithstanding a concurrent common-law, equitable, or extraordinary legal remedy, whether or not recognized or regulated by statute.
- (d) Proceeding by declaratory judgment is not permitted in any case in which divorce or annulment of marriage is sought.
- (e) A court may order a speedy hearing of an action of a declaratory judgment and may advance it on the calendar.
Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 2006, c. 44, § 6, eff. April 8, 2006.
Formerly Art. 31A, § 6.