North Dakota § 32-23-06 Entering of declaratory judgment discretionary with court - Exception

North Dakota Statutes

§ 32-23-06 — Entering of declaratory judgment discretionary with court - Exception

North Dakota § 32-23-06

Title 32Judicial Remedies

Ch. 32-23Declaratory Judgments

This text of North Dakota § 32-23-06 (Entering of declaratory judgment discretionary with court - Exception) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 32-23-06 (2026).

Text

The court may refuse to render or enter a declaratory judgment or decree if such judgment
or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise
to the proceeding. However, the court shall render or enter a declaratory judgment or decree in
an action brought by or against an insurance company to determine liability of the insurance
company to the insured to defend, or duty to defend, although the insured's liability for the loss
may not have been determined.

Free access — add to your briefcase to read the full text and ask questions with AI

The court may refuse to render or enter a declaratory judgment or decree if such judgment
or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise
to the proceeding. However, the court shall render or enter a declaratory judgment or decree in
an action brought by or against an insurance company to determine liability of the insurance
company to the insured to defend, or duty to defend, although the insured's liability for the loss
may not have been determined.