N.M. R. Civ. P. Dist. Ct. 1-057
N.M. R. Civ. P. Dist. Ct. 1-057
For Declaratory Judgment Act, see Sections 44-6-1 to 44-6-15 NMSA 1978. Compiler's notes. - Paragraph A is deemed to have superseded the first sentence of former Trial Court Rule 1935-143-1, which was similar to the first sentence of the subdivision. Paragraph B is deemed to have superseded the second and third sentences of former Trial Court Rule 1935-143-1, which were similar. The principal characteristic of the declaratory judgment which distinguishes it from other judgments is that it declares preexisting rights of the parties without a coercive decree. Execution or performance by the opposing parties does not follow as a matter of course. Pan Am. Petroleum Corp. v. El Paso Natural Gas Co., 1966-NMSC-271, 77 N.M. 481, 424 P.2d 397. Court has discretion as to accepting jurisdiction of declaratory action. - Whether to accept jurisdiction over a declaratory judgment action to determine whether an insurance company has liability is within the sound discretion of the court. Therefore, it was not error for the district court of Dona Ana county to entertain jurisdiction of this declaratory judgment action when a common-law action for damages against employer was pending in Bernalillo county. Western Farm Bureau Mut. Ins. Co. v. Barela, 1968-NMSC-082, 79 N.M. 149, 441 P.2d 47. It is error to dismiss count raising issues actually litigated. - Where, in a declaratory judgment action, count I of the complaint sought a declaratory judgment declaring defendants had no right to use certain irrigation water and count II asked that they be enjoined permanently from using such water, the dismissal of count I was error, since the issues actually litigated and decided were the ones raised by that count. State ex rel. Reynolds v. Mears, 1974-NMSC-070, 86 N.M. 510, 525 P.2d 870. State court has jurisdiction to determine if there is contractual basis for natural gas price increase. - A determination in declaratory judgment of only the threshold question of whether, under a proper construction of the New Mexico tax statutes, there is a contractual basis for the increased price asserted by Pan American in its notice filed with the federal power commission is within the jurisdiction of the New Mexico court. Pan Am. Petroleum Corp. v. El Paso Natural Gas Co., 1966-NMSC-271, 77 N.M. 481, 424 P.2d 397. Jurisdiction is not barred by failure to exhaust administrative remedies. - That the state court lacks jurisdiction to determine a question in declaratory judgment where plaintiff has failed to exhaust its administrative remedies is without merit. Pan Am. Petroleum Corp. v. El Paso Natural Gas Co., 1966-NMSC-271, 77 N.M. 481, 424 P.2d 397. If question is one of law, not fact. - The exhaustion doctrine applies where an administrative agency alone has authority to pass on every question raised by the one resorting to judicial relief, but does not apply in relation to a question which, even if properly determinable by an administrative tribunal, involves a question of law, rather than one of fact. Pan Am. Petroleum Corp. v. El Paso Natural Gas Co., 1966-NMSC-271, 77 N.M. 481, 424 P.2d 397. Complete relief may be granted. - Former 22-6-2 1953 Comp. (repealed Laws 1975, ch. 340, §16 ), authorized the court, when necessary or proper, to grant complete relief and to enter a coercive decree to carry the declaratory judgment into effect. Pan Am. Petroleum Corp. v. El Paso Natural Gas Co., 1966-NMSC-271, 77 N.M. 481, 424 P.2d 397. There must be order to show cause for coercive decree. - A coercive decree may only be entered after an order to show cause, and then upon a determination that it should be granted to complete the relief declared. Pan Am. Petroleum Corp. v. El Paso Natural Gas Co., 1966-NMSC-271, 77 N.M. 481, 424 P.2d 397. Order may not be deemed injunction not to violate statute. - In a declaratory judgment action, insofar as the order by the trial court may be considered to be in the nature of an injunction not to violate a statute, it is improper and without foundation in law or equity. Raton Pub. Serv. Co. v. Hobbes, 1966-NMSC-150, 76 N.M. 535, 417 P.2d 32. Declaratory judgment is enforceable although appeal is pending. - The trial court could base its summary judgment on the declaratory judgment in an independent proceeding, thus giving effect to a decision that was pending on appeal, because there was no showing that the declaratory judgment had been superseded or stayed. The judgment was in effect and could be enforced. Chavez v. Mountainair Sch. Bd., 1969 -NMCA-060, 80 N.M. 450, 457 P.2d 382. Am. Jur. 2d, A.L.R. and C.J.S. references. - 22A Am. Jur. 2d Declaratory Judgments §1 et seq. Declaration of rights or declaratory judgments, 12 A.L.R. 52, 19 A.L.R. 1124, 50 A.L.R. 42, 68 A.L.R. 110, 87 A.L.R. 1205, 114 A.L.R. 1361, 142 A.L.R. 8 Application of Declaratory Judgment Acts to questions in respect of insurance policies, 14 A.L.R. 8 Decree or order which merely declares rights of parties without an express command or prohibition as basis of contempt proceeding, 29 A.L.R. 134. Form of declaratory judgment, 87 A.L.R. 1248. Remedy or procedure to make effective rights established by declaratory judgment, 101 A.L.R. 689. Joinder of causes of action and parties in suit under Declaratory Judgment Act, 110 A.L.R. 817. Determining constitutionality of statute or ordinance, or proposed statute or ordinance, as proper subject of judicial decision under Declaratory Judgment Acts, 114 A.L.R. 1361. Jurisdictional amount in its relation to suit for declaratory judgment, 115 A.L.R. 1489. Action under Declaratory Judgment Act to test validity or effect of divorce decree, 124 A.L.R. 1336. Original availability to wrongdoer of remedy under Declaratory Judgment Act as affecting defense of laches, mitigation of damages or other equitable defenses in subsequent suit against him, 131 A.L.R. 791. Tax questions as proper subject of action for declaratory judgment, 132 A.L.R. 1108, 11 A.L.R.2d 359. Jurisdiction of declaratory action as affected by pendency of another action or proceeding, 135 A.L.R. 934. Pari delicto doctrine as applicable to suits for declaratory relief, 141 A.L.R. 1427. Justiciable controversy within Declaratory Judgment Act as predicable upon advice, opinion or ruling of public administrative officer, 149 A.L.R. 349. Declaratory Judgment Act actions as subject to limitations or conditions of jurisdiction imposed by other statutes, 149 A.L.R. 1103. Statute of limitations or doctrine of laches in relation to declaratory actions, 151 A.L.R. 1076. Declaratory and coercive or executory relief combined in action under Declaratory Judgment Act, 155 A.L.R. 501. Cross-bill or counterclaim seeking coercive or executory relief in action for declaratory judgment, 155 A.L.R. 501. Application of Declaratory Judgment Acts to questions in respect of contracts or alleged contracts, 162 A.L.R. 756. Release as proper subject of action for declaratory judgment, 167 A.L.R. 433. Labor dispute as the proper subject of declaratory action, 170 A.L.R. 421. Custody of child as proper subject of declaratory action, 170 A.L.R. 521. Right to declaratory relief as affected by existence of other remedy, 172 A.L.R. 847. Seniority rights of employee as proper subject of declaratory suit, 172 A.L.R. 1247. Interest necessary to maintenance of declaratory determination of validity of statute or ordinance, 174 A.L.R. 549. Actual controversy under Declaratory Judgment Act in zoning and building restriction cases, 174 A.L.R. 853. Discretion of court as to declaratory relief respecting future interest, 174 A.L.R. 880. Relief against covenant restricting right to engage in business or profession as subject of declaratory judgment, 10 A.L.R.2d 743. Extent to which res judicata principles are applicable to actions for declaratory relief, 10 A.L.R.2d 782. Jury trial, 13 A.L.R.2d 777, 33 A.L.R.4th 146. Unemployment compensation, 14 A.L.R.2d 826. Remedy for refusal of corporation or its agent to register or effectuate transfer of stocks, 22 A.L.R.2d 12. Burden of proof, 23 A.L.R.2d 1243. Negligence issue as a proper subject, 28 A.L.R.2d 957. Partnership or joint-venture matters, 32 A.L.R.2d 970. Validity of lease of real property, 60 A.L.R.2d 400. Construction, application and effect of §11 of the Uniform Declaratory Judgments Act, that all persons who have or claim any interest which would be affected by the declaration shall be made parties, 71 A.L.R.2d 723. Declaratory judgment, during lifetime of spouses, as to construction of antenuptial agreement dealing with property rights of survivor, 80 A.L.R.2d 941. Validity or existence of common-law marriage, 92 A.L.R.2d 1102. Availability and scope of declaratory judgment actions in determining rights of parties to arbitration agreements, or powers and exercise thereof by arbitrators, 12 A.L.R.3d 854. Modern status of the Massachusetts or business trust, 88 A.L.R.3d 704. 26 C.J.S. Declaratory Judgments § 1 et seq.