§ 25-21,153.Sections; not limiting or restrictive.
Article 21: Special Proceedings and Actions · Last amended 1929 · Last verified July 22, 2026
Full Text of § 25-21,153
Source
Laws 1929, c. 75, § 5, p. 258; C.S.1929, § 20-21,144; R.S.1943, § 25-21,153.
Plain-English Summary
Section 25-21,153 heads off a common misreading of the sections that came before it. Sections 25-21,150 through 25-21,152 spell out specific settings for declaratory relief — contracts and writings, statutes and ordinances, and estate or trust administration. This section makes clear that listing those examples does not shrink the broad power granted in section 25-21,149.
Put another way, the enumeration in those three sections is illustrative, not exhaustive. A proceeding seeking declaratory relief can go forward under the general power in section 25-21,149 even if it does not fit neatly into one of the specifically described categories, as long as a judgment or decree in that proceeding would terminate the controversy or remove the uncertainty at its center.
Frequently Asked Questions
Do sections 25-21,150 through 25-21,152 list every situation where declaratory relief is available?
No. Section 25-21,153 states that the enumeration in those sections does not limit or restrict the general powers conferred in section 25-21,149.
Can I seek a declaratory judgment in a situation that does not match one of the specific examples?
Yes, as long as the proceeding is one where a judgment or decree would terminate the controversy or remove an uncertainty, the general power in section 25-21,149 still applies.
Why would the Legislature list specific examples if they are not the only ones?
The specific sections give courts and parties concrete, well-understood settings — contracts, statutes, estates — while this section preserves the broader reach of the general declaratory power for situations those examples do not directly cover.
Does this section create any new right to declaratory relief on its own?
No. It functions as a rule of construction, confirming that the earlier sections’ examples do not cut back the scope of section 25-21,149 rather than creating an independent basis for relief.
What is the test for whether a proceeding not covered by the specific examples still qualifies?
Whether a judgment or decree in that proceeding would terminate the controversy or remove the uncertainty giving rise to it.