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Dorsaneo, Texas Litigation Guide
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


3-45 Dorsaneo, Texas Litigation Guide 45.syn


Title

Declaratory Relief

Author

Professor William V. Dorsaneo III

Chapter Summary


ABSTRACT TEXT:

This chapter from Dorsaneo, Texas Litigation Guide, discusses the procedures involved in obtaining declaratory relief and considers the various forms of relief that may be granted in a declaratory judgment action, including injunctive relief and attorney's fees. It covers subjects that are appropriate or inappropriate for declaratory judgments and describes the requirements for a court to have jurisdiction over a particular claim for declaratory relief. The chapter also reviews the effect of other pending or available proceedings between the same parties.

The chapter next details the requirements for maintaining an action for declaratory relief, including the need for a justiciable interest or standing. It then explains the subject of relief sought in a declaratory judgment action, such as construction of a written instrument, interpretation of duties under an insurance contract, questions arising out of a trust or estate, and review of administrative decisions. Further, the chapter addresses equitable principles that may forbid a court from issuing a declaratory judgment.

In addition, the chapter provides a procedural guide for a plaintiff and a defendant in a declaratory action, outlining each step in the process of pursuing or defending against an action for declaratory relief. It contains forms for petitions seeking declaratory relief, as well as defensive pleadings. The chapter also includes a research guide with links to related constitutional and statutory provisions and rules, case law, annotations, law reviews, periodicals, and treatises.

Dorsaneo, Texas Litigation Guide (Matthew Bender) provides a step-by-step guide to civil procedure in Texas, from filing the petition through appellate procedure, with substantive practice-area topics offering legal background, checklists, forms, and research guides. It covers business entity, commercial, real estate, personal injury, family law, and probate litigation, as well as administrative proceedings.

CORE TERMS:

Texas,declaratory relief,declaratory action,injunction,injunctive relief,petition,pleading,declaratory judgment,Uniform Declaratory Judgment Act,case or controversy,justiciability

RELATED CHAPTERS: (View)

See Chapter 1 for information on the commencement of a civil action in Texas courts.

See Chapter 11 for information on the format and contents of petitions.

See Chapter 12 for information on general allegations regarding parties.

See Chapter 20 for information regarding allegations to be used in pleading various types of damages.

See Chapter 50 for information regarding injunctive relief.

OTHER RELATED PUBLICATIONS:

See Texas Civil TrialGuide (Matthew Bender) for comprehensive, authoritative, and up-to-date coverage of pleadings, motions, trial settings, continuances, consolidation and severance, jury selection, motions for judgment, and closing argument.

See Texas Civil Trial and Appellate Procedure (Matthew Bender) for a solid foundation for civil trial or appellate practice, covering everything from analyses of court rules, statutes, and cases to the underlying laws governing civil and appellate procedure.

See Appleman on Insurance 2d and Appleman on Insurance Law & Practice (Matthew Bender) for comprehensive insurance coverage on such topics as agents and brokers, reinsurance, commercial general liability insurance, contract/policy issues, premiums, automobile insurance, professional liability insurance, insurance regulation, life insurance, health insurance, and disability insurance.

See Estate Planning Forms and Clauses (Matthew Bender) for an expanded selection of essential will and trust forms and clauses, including detailed clauses specifying investment, business management, and other administrative powers of the executor or trustee.

See Administrative Law (Matthew Bender) for current, objective, and authoritative guidance on all aspects of administrative law and the administrative process, with special emphasis on federal agencies.
 
 
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