§ 25-21,157.Trial; issues of fact; how conducted.
Article 21: Special Proceedings and Actions · Last amended 1929 · Last verified July 22, 2026
Full Text of § 25-21,157
Source
Laws 1929, c. 75, § 9, p. 258; C.S.1929, § 20-21,148; R.S.1943, § 25-21,157.
Plain-English Summary
A declaratory judgment case can still turn on disputed facts — whether a contract was signed on a certain date, whether a notice was sent, whether a party’s conduct satisfied a condition. Section 25-21,157 makes sure those factual disputes do not need their own separate procedure. When a proceeding under sections 25-21,149 to 25-21,164 involves determining an issue of fact, that issue is tried and determined the same way issues of fact are tried and determined in other civil actions in the court where the proceeding is pending.
That means the ordinary rules on jury trials, evidence, and fact-finding that already govern that court’s civil docket carry straight over into a declaratory proceeding. The declaratory label changes what relief a party can ask for; it does not change how a factual dispute inside that case gets resolved.
Frequently Asked Questions
If my declaratory judgment case involves a factual dispute, is that handled differently than in an ordinary lawsuit?
No. Section 25-21,157 states that a factual issue in a declaratory proceeding is tried and determined the same way fact issues are tried in other civil actions in that court.
Can I get a jury trial on a factual dispute in a declaratory judgment case?
The section ties fact-finding in a declaratory proceeding to the same procedures used for other civil actions in the same court, so whatever jury-trial rules apply to civil actions generally in that court apply here as well.
Does this section change what relief is available in a declaratory action?
No. It addresses only how disputed facts within the proceeding are tried and determined, not the scope of declaratory relief itself.
Which proceedings does this fact-trial rule cover?
Why does this section matter if declaratory actions are just about legal questions?
Not every declaratory case is purely legal. Parties often disagree about underlying facts, and this section confirms that ordinary civil trial procedure resolves those factual disagreements.