§ 25-21,156.Pleadings; complaint; orders to show cause.
Article 21: Special Proceedings and Actions · Last amended 2002 · Last verified July 22, 2026
Full Text of § 25-21,156
Source
Laws 1929, c. 75, § 8, p. 258; C.S.1929, § 20-21,147; R.S.1943, § 25-21,156; Laws 2002, LB 876, § 49.
Plain-English Summary
A declaration of rights is not always the last word a party needs. Section 25-21,156 lets a party come back and ask for further relief based on a declaratory judgment or decree whenever that further relief is necessary or proper — for example, an order enforcing a right the court has already declared.
The mechanism is a complaint filed with a court that has jurisdiction to grant the relief sought. If the court finds the application sufficient, it does not rule on the papers alone; it requires, on reasonable notice, that any adverse party whose rights were adjudicated by the earlier declaratory judgment or decree show cause why the further relief should not be granted at once. That show-cause step gives the adverse party a chance to object before the court grants the additional relief, while keeping the process moving on the strength of a ruling the court has already made.
Frequently Asked Questions
Can I go back to court for more relief after I already won a declaratory judgment?
Yes. Section 25-21,156 lets a party seek further relief based on a declaratory judgment or decree whenever it is necessary or proper.
How do I ask for that further relief?
By filing a complaint with a court that has jurisdiction to grant the relief sought.
Does the other side get a chance to object before the court grants further relief?
Yes. If the application is sufficient, the court requires the adverse party, on reasonable notice, to show cause why the further relief should not be granted forthwith.
Do I need to relitigate the rights the earlier declaratory judgment already decided?
No. The show-cause proceeding is built on the earlier adjudication of the adverse party’s rights; it addresses whether further relief should follow, not whether the earlier declaration was correct.
Is this the only way to enforce a declaratory judgment?
Section 25-21,156 provides this complaint-and-show-cause path specifically for seeking further relief once a declaratory judgment or decree already exists.