§ 25-21,160.Sections, how construed.
Article 21: Special Proceedings and Actions · Last amended 1929 · Last verified July 22, 2026
Full Text of § 25-21,160
Source
Laws 1929, c. 75, § 12, p. 259; C.S.1929, § 20-21,151; R.S.1943, § 25-21,160.
Plain-English Summary
Section 25-21,160 tells courts how to read the whole Act. Sections 25-21,149 to 25-21,164 are declared to be remedial, meaning their purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations. Remedial statutes are meant to fix a gap in the available legal remedies, and this section says the declaratory judgment scheme is exactly that kind of law.
Because of that remedial purpose, the section directs that the Act be liberally construed and administered. In practice, that instruction favors reading the Act’s provisions broadly enough to let a genuine uncertainty get resolved, rather than narrowly enough to shut a party out of declaratory relief on a technicality.
Frequently Asked Questions
Why does it matter that the Act is labeled "remedial"?
Because the label signals the Act’s purpose — settling and relieving uncertainty and insecurity about rights, status, and legal relations — and courts read remedial statutes with that corrective purpose in mind.
What does "liberally construed and administered" mean for someone using this Act?
It means courts favor an interpretation that lets a genuine uncertainty be resolved through the Act rather than one that narrows access to declaratory relief on technical grounds.
Does this section create a new remedy on its own?
No. It states the purpose behind the sections that already create the declaratory remedy, guiding how those sections are read rather than adding a new one.
Does this section apply to the whole Act or just part of it?
How does this purpose section interact with section 25-21,154’s discretion to refuse relief?
They work together: liberal construction supports resolving genuine uncertainty, while section 25-21,154 still lets a court decline relief that would not terminate the controversy.