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http://codes.ohio.gov/orc/2721
Courts of record may refuse to render or enter a declaratory judgment or decree under this chapter if the judgment or decree would not terminate the uncertainty or controversy giving rise to the action or proceeding in which the declaratory relief is sought. Effective Date: 09-24-1999 . 2721.08 Appeals.
http://codes.ohio.gov/orc/2721.12v1
2721.12 Declaratory judgment procedure. (A) Subject to division (B) of this section, when declaratory relief is sought under this chapter in an action or proceeding, all persons who have or claim any interest that would be affected by the declaration shall be made parties to the action or proceeding.
https://cincinnatilaw.blogspot.com/2012/07/ohio-supreme-court-clarifies.html
Jul 20, 2012 · Last Wednesday Ohio's supreme court held "that an appellate court reviewing a declaratory judgment matter should apply a deferential 'abuse of discretion' standard in reviewing the trial court's determination of whether the case is appropriate for declaratory judgment, but should apply a non-deferential 'de novo' standard in reviewing the trial court's determinations of legal issues in the case.
http://www.ohiopa.org/Complaint.pdf
This is an action seeking declaratory judgment and injunctive relief to determine and ... Plaintiff incorporates as if fully rewritten all of the foregoing allegations of its complaint. 31. Ohio Constitution Article I, Section 16 secures due process of law. 32. H.B. 694 is unconstitutionally vague in its failure to specify how its provisions ...
https://legal-dictionary.thefreedictionary.com/declaratory+judgment
A declaratory judgment may only be granted in justiciable controversies—that is, in actual, rather than hypothetical, controversies that fall within a court's jurisdiction. A declaratory judgment, sometimes called declaratory relief, is conclusive and legally binding as to the …
https://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf
OHIO RULES OF CIVIL PROCEDURE . Title I SCOPE OF RULES-ONE FORM OF ACTION . Rule . ... 5 Service and filing of pleadings and other papers subsequent to the original complaint. 6 Time . Title III PLEADINGS AND MOTIONS . 7 Pleadings and motions ... 56 Summary judgment 57 Declaratory judgments. 58 Entry of judgment 59 New trials. 60 Relief from ...
https://legalbeagle.com/8606048-write-petition-declaratory-judgment.html
A declaratory judgment is a judgment rendered by a judge without ordering any party to pay damages or make restitution. It is a declaration by the court of whether the plaintiff or defendant set forth the winning argument, but neither party is expected to act further in accordance with the judge. A petition for a ...
https://www.bfvlaw.com/wp-content/uploads/2016/12/Weinrich-Declaratory-Judgment-Actions.pdf
Declaratory Judgment Actions: When are they Appropriate? by Neal F. Weinrich, Esq. Declaratory judgments are an important tool in litigation. They allow businesses or individuals to seek a court’s direction at the early stages of a controversy. When there is
https://www.law.cornell.edu/rules/frcp/rule_57
These rules govern the procedure for obtaining a declaratory judgment under 28 U.S.C. §2201. Rules 38 and 39 govern a demand for a jury trial. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. The court may order a speedy hearing of a declaratory-judgment action. Notes
https://moritzlaw.osu.edu/electionlaw/litigation/documents/kilroycomplaintfordeclaratoryjudgment.pdf
COMPLAINT FOR DECLARATORY JUDGMENT NOW COMES Plaintiff, Mary Jo Kilroy, and hereby states her Complaint as follows: ... recount of the votes cast has been ordered by the Ohio Secretary of State pursuant to R.C. 3515.011. This recount commenced at 9 a.m. on Tuesday, ... A. Issue a Declaratory Judgment that the candidates or the designated ...
http://www.supremecourt.ohio.gov/rod/docs/pdf/3/2020/2020-Ohio-433.pdf
court’s determination “concerning the appropriateness of the case for declaratory judgment” under an abuse-of-discretion standard. Arnott v. Arnott, 132 Ohio St.3d 401, 2012-Ohio-3208, ¶ 1. After the trial court determines that a complaint for declaratory judgment presents a …
https://en.wikipedia.org/wiki/Declaratory_judgment
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.
https://probatecrt4.harriscountytx.gov/Documents/Declaratory%20Judgments%20CLE%202017%20for%20Court%204.pdf
When Is a Declaratory Judgment Proper? Chapter 5 2 III. ATTORNEY’S FEES IN DECLARATORY JUDGMENTS. A. Flexibility of Court in Awarding Fees. It has long been recognized that Texas law does not allow recovery of attorney¶s fees unless authorized by statute or …
https://netchoice.org/wp-content/uploads/Complaint-for-Declaratory-Judgment.pdf
Association (“ACMA”) brings this Complaint for Declaratory Judgment against Defendant Joseph W. Testa, in his capacity as the Ohio Tax Commissioner (“Commissioner”), and against the Ohio Department of Taxation (“Department”), the agency charged with the enforcement of Ohio’s sales and use tax laws.
https://www.washingtonpost.com/r/2010-2019/WashingtonPost/2013/05/21/National-Politics/Graphics/Complaint_TTV_IRS.pdf
Verified Complaint for Declaratory Judgment, Declaratory and . ... acts giving rise to this Complaint were performed within this forum by other defendants in ... Ohio IRS office,
http://www.ahcuah.com/lawsuit/compl.htm
COMPLAINT FOR DECLARATORY JUDGMENT, PERMANENT INJUNCTION, AND DAMAGES Now comes Plaintiff Robert A. Neinast, acting pro se, and for his Complaint, respectfully states as follows: 1. Plaintiff Robert A. Neinast is a citizen and a resident of Ohio, residing at 8617 Ashford Lane, Pickerington, OH, and has been a cardholder and user of the Columbus ...
https://www.lakecountyohio.gov/probatelco/Forms-and-Services/Civil-Proceedings
A complaint is a pleading that contains a short and concise statement of the legal claim, request for relief, and a demand for judgment. The complaint must be prepared and filed by an attorney. As with all civil proceedings, the form of the complaint and all following pleadings must comply with Ohio Rules of Civil Procedure. FEES
https://www.uslegalforms.com/us/US-01599.htm
View Complaint for Declaratory Judgment and Interpleader Action or Burial Policy; All forms provided by U.S. Legal Forms, Inc.™, (USLF), the nations leading legal forms publisher. When you need a legal form, don't accept anything less than the USlegal™ brand. "The Forms Professionals Trust ™
https://www.lawserver.com/law/state/ohio/oh-code/ohio_code_2721-12
Ohio Code 2721.12 – Declaratory judgment procedure. ... the attorney general also shall be served with a copy of the complaint in the action or proceeding and shall be heard. In any action or proceeding that involves the validity of a township resolution, the township shall be made a party and shall be heard. ... A declaratory judgment or ...
https://kb.osu.edu/dspace/bitstream/handle/1811/65626/OSLJ_V11N2_0273.pdf
Alternative Character of the Declaratory Judgment in Ohio HARRY W. VANNEMAN* Since the decision in Schaefer v. First National Bank of Find-lay' Ohio usually has been classified with the states which treat an action for a declaratory judgment as an alternative remedy.' In the recent case of American Life and Accident Insurance Company of
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