806.04 Uniform declaratory judgments act.

465 words·~2 min read·/wi/chapter-806/806-04

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Scope. Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree, except that finality for purposes of filing an appeal as of right shall be determined in accordance with s. 808.03

(1).

(2)Power to construe, etc. Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder. No party shall be denied the right to have declared the validity of any statute or municipal ordinance by virtue of the fact that the party holds a license or permit under such statutes or ordinances.

(3)Before breach. A contract may be construed either before or after there has been a breach thereof.

(4)Representatives, etc. Any person interested as or through a personal representative, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust, or of the estate of a decedent, infant, individual adjudicated incompetent, or insolvent, may have a declaration of rights or legal relations in respect to the administration of the trust or estate for any of the following purposes:

(a)To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others; or

(b)To direct the personal representatives or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

(c)To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

(5)Enumeration not exclusive. The enumeration in subs.

(2),

(3)and

(4)does not limit or restrict the exercise of the general powers conferred in sub.

(1)in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.

(6)Discretionary. The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

(7)Review. All orders, judgments and decrees under this section may be reviewed as other orders, judgments and decrees.