Current with changes from the 2024 Legislative Session
Section 3-409 - Discretionary relief(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.