Motion for Declaratory Judgment in Texas

What Is a Motion for Declaratory Judgment?

Understanding the Purpose and Significance of a Motion for Declaratory Judgment

“A court should not declare rights on facts which have not arisen or adjudicate matters which are contingent, uncertain, or rest in the future.” (See City of Cleveland v. Keep Cleveland Safe (2016) 500 S.W.3d 438, 455-56; Brinkley v. Tex. Lottery Comm'n (1999) 986 S.W.2d 764, 768.)

“The declaratory judgment act does not enlarge a trial court's jurisdiction but is ‘merely a procedural device for deciding cases already within a court's jurisdiction.’” (See id; Tex. Parks & Wildlife Dep't v. Sawyer Trust (2011) 354 S.W.3d 384, 388; Tex. Ass'n of Bus. v. Tex. Air Control Bd. (1993) 852 S.W.2d 440, 444.)

“Courts should not issue advisory opinions regarding the legality of a proposed law that is to be submitted to the electorate because such a matter would generally not be ripe for declaratory judgment if the action is filed before the election is held.” (See id; City of Garland v. Louton (1985) 691 S.W.2d 603, 605; Coalson v. City Council of Victoria (1980) 610 S.W.2d 744, 747.)

“[T]he judicial power does not embrace the giving of advisory opinions. District courts generally should refrain from interfering with the election process before the matter is submitted to the electorate, because it does not present a justiciable question.” (See id; Gen. Land Office v. OXY U.S.A., Inc. (1990) 789 S.W.2d 569, 570; Rodriguez v. Beaumont Indep. Sch. Dist. (2013) 413 S.W.3d 524, 535; Blum v. Lanier (1999) 997 S.W.2d 259, 263.)

“District courts, under our Constitution, do not give advice nor decide cases upon speculative, hypothetical, or contingent situations. The election will determine whether there is a justiciable issue, at which time the respondents' complaints against the validity of the initiatory process under article 1170 may be determined by the trial court.” (See City of Cleveland v. Keep Cleveland Safe (2016) 500 S.W.3d 438, 452.)

Rules for Filing a Motion for Declaratory Judgment

“A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for.” (See Tex. Civ. Prac. & Rem. Code § 37.003(a).)

“The declaration may be either affirmative or negative in form and effect, and the declaration has the force and effect of a final judgment or decree.” (Tex. Civ. Prac. & Rem. Code § 37.003(b).)

“The enumerations in Sections 37.004 and 37.005 do not limit or restrict the exercise of the general powers conferred in this section in any proceeding in which declaratory relief is sought and a judgment or decree will terminate the controversy or remove an uncertainty.” (See Tex. Civ. Prac. & Rem. Code § 37.003(c).)

Discretion of the Court in Deciding a Motion for Declaratory Judgment

“The entry of a declaratory judgment rests within the sound discretion of the trial court.” (See Graham v. Ditech Fin., LLC, No. 12-20-00022-CV, at *6 (Tex. App. Mar. 31, 2021).)

“A trial court abuses its discretion if it rule[s] arbitrarily, unreasonably, or without regard to guiding legal principles." (See Power Reps, Inc. v. Cy Cates, Power Reps Indus., LLC, No. 01-13-00856-CV, at *43-44 (Tex. App. Aug. 11, 2015); Bocquet v. Herring (1998) 972 S.W.2d 19, 21.)

“In a suit for declaratory relief, a trial court has limited discretion to refuse a declaratory judgment, but it may do so where judgment would not remove the uncertainty giving rise to the proceedings.” (See Whittington v. Green, No. 07-15-00102-CV, at *18 (Tex. App. Dec. 20, 2016); SpawGlass Constr., Corp. v. City of Houston (1998) 974 S.W.2d 876, 878.)

Legal Precedents and Case Law on a Motion for Declaratory Judgment

It is well settled that “a declaratory judgment is appropriate only if a justiciable controversy exists concerning the rights and status of the parties and the controversy will be resolved by the declaration sought.” (See Graham v. Ditech Fin., LLC, No. 12-20-00022-CV, at *6 (Tex. App. Mar. 31, 2021); Bonham State Bank v. Beadle (1995) 907 S.W.2d 465, 467.)

As such, it is also well settled that “the court may refuse to render or enter a declaratory judgment or decree if the judgment or decree would not terminate the uncertainty or controversy giving rise to the proceeding.” (See id; TEX. CIV. PRAC. & REM. CODE ANN. § 37.008.)

Documents for Motion for Declaratory Judgment in Texas

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BRIAN MCKEE vs. JORDAN LAIRD, et al document preview

MOTION FOR SUBSTITUTE SERVICE - MOTION HEARING

7 pages

FILED 4/18/2024 10:53 AM FELICIA PITRE DISTRICT CLERK …