The court may refuse to render a declaratory judgment or decree where such judgment or decree, if rendered, would not terminate the uncertainty or controversy giving rise to the proceeding.
Art. 1876.Court May Refuse Declaratory Judgment
Book II. Ordinary Proceedings · Title VI. Judgments · Chapter 2. Declaratory Judgments · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 1876 gives a Louisiana court discretion to decline a declaratory judgment when rendering it would not put an end to the uncertainty or controversy that brought the parties to court.
Full Text of Art. 1876
Plain-English Summary
Declaratory relief exists to resolve uncertainty, and Article 1876 protects that purpose by giving a court a way out when a declaration would not do the job. If rendering the judgment or decree would leave the underlying uncertainty or controversy unresolved, the court may refuse to render it.
The word "may" matters. Article 1876 grants discretion; it does not require a court to refuse relief whenever some doubt might linger. A court weighs whether a declaration would settle something real for the parties or whether it would amount to answering only a piece of a larger dispute while leaving the rest for another day. Where other unresolved issues would keep the parties back in court regardless of the declaration, a court has room to decline and let the dispute proceed through an ordinary action instead.
Article 1876 works as a check on the broad availability of declaratory relief under Article 1871: the remedy stays broad, but a court is not bound to grant it where doing so would accomplish nothing.
Frequently Asked Questions
When can a Louisiana court refuse to issue a declaratory judgment?
When rendering the judgment or decree would not terminate the uncertainty or controversy that brought the proceeding to court.
Is a court required to refuse a declaratory judgment under Article 1876?
No. The article gives the court discretion to refuse in that circumstance; it does not require refusal.
Does Article 1876 mean declaratory relief is never guaranteed in Louisiana?
It means declaratory relief is not automatic. A court can decline it in the narrow circumstance where the declaration would not resolve the underlying dispute, even though Article 1871 makes the remedy broadly available.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: Louisiana court discretion refuse declaratory judgmentArticle 1876 Louisiana Code of Civil Proceduredeclaratory judgment will not terminate controversy Louisiana