§ 1652.Pleading
Chapter 34: Declaratory Judgments · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 1652
Amendment History
Laws 1961, SB 141, p. 58, § 2.
Plain-English Summary
Section 1652 lets declaratory relief travel alone or with company. A party can seek a determination of rights, status, or other legal relations by itself, or fold it into a petition, counterclaim, or other pleading that also seeks other relief. When a party asks for that other relief too, the court can still grant declaratory relief where it's appropriate to do so.
Frequently Asked Questions
Do I have to file a separate lawsuit just for declaratory relief?
No. Declaratory relief may be sought alone, or as part of a petition, counterclaim, or other pleading that also seeks other relief.
Can a court grant a declaration even if I also asked for damages or an injunction?
Yes, when a party seeks other relief, the court may still grant declaratory relief where appropriate.
Can I raise a declaratory relief request in a counterclaim?
Yes, the statute lists a counterclaim among the pleadings that can seek a determination of rights, status, or other legal relations.