The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the
uncertainty or controversy giving rise to the proceeding.
§ 25-21,154.Declaratory judgments; when refused.
Article 21: Special Proceedings and Actions · Last amended 1929 · Last verified July 22, 2026
In one sentenceThis section gives a Nebraska court discretion to refuse to render or enter a declaratory judgment or decree when doing so would not terminate the uncertainty or controversy that gave rise to the proceeding.
Full Text of § 25-21,154
Source
Laws 1929, c. 75, § 6, p. 258; C.S.1929, § 20-21,145; R.S.1943, § 25-21,154.
Plain-English Summary
Declaratory relief is not automatic just because a party asks for it. Section 25-21,154 gives the court a discretionary out: it may refuse to render or enter a declaratory judgment or decree where that judgment or decree, if entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
This provision keeps the declaratory remedy tied to its purpose. If a ruling would leave the real dispute between the parties unresolved — because, for instance, other claims or other parties would still need to be sorted out afterward — the court can decline to issue the declaration rather than produce a judgment that settles nothing in practice. The decision is the court’s own call, weighed against whether the declaration would put the underlying uncertainty to rest.
Frequently Asked Questions
Is a court required to issue a declaratory judgment whenever a party asks for one?
No. Section 25-21,154 lets the court refuse to render or enter a declaratory judgment or decree under the circumstances the section describes.
When can a court refuse to enter a declaratory judgment?
Where the judgment or decree, if entered, would not terminate the uncertainty or controversy that gave rise to the proceeding.
Why would a court refuse to rule if a real dispute exists between the parties?
Because the declaratory remedy is meant to resolve the underlying uncertainty. If the ruling would not settle that uncertainty, the court can decline rather than issue a judgment that leaves the real dispute standing.
Is the decision to refuse a declaratory judgment appealable like other rulings?
Section 25-21,155 states that orders, judgments, and decrees under the Uniform Declaratory Judgments Act may be reviewed like other orders, judgments, and decrees.
Does this section apply to every kind of declaratory action described in the Act?
Yes. It applies generally to proceedings seeking a declaratory judgment or decree under the Act, not to one specific category of claim.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: court refuse declaratory judgmentdiscretion to deny declaratory reliefterminate uncertainty requirement nebraskawhen declaratory judgment denieddeclaratory relief discretionary remedy