Section 3-409 - Discretionary relief. - Maryland Statutes

§ 3-409. Discretionary relief.
 

(a)  In general.- Except as provided in subsection (d) of this section, a court may grant a declaratory judgment or decree in a civil case, if it will serve to terminate the uncertainty or controversy giving rise to the proceeding, and if: 

(1) An actual controversy exists between contending parties; 

(2) Antagonistic claims are present between the parties involved which indicate imminent and inevitable litigation; or 

(3) A party asserts a legal relation, status, right, or privilege and this is challenged or denied by an adversary party, who also has or asserts a concrete interest in it. 

(b)  Special form of remedy provided by statute.- If a statute provides a special form of remedy for a specific type of case, that statutory remedy shall be followed in lieu of a proceeding under this subtitle. 

(c)  Concurrent remedies not bar for declaratory relief.- A party may obtain a declaratory judgment or decree notwithstanding a concurrent common-law, equitable, or extraordinary legal remedy, whether or not recognized or regulated by statute. 

(d)  Exception as to divorce or annulment of marriage.- Proceeding by declaratory judgment is not permitted in any case in which divorce or annulment of marriage is sought. 

(e)  Speedy hearing.- A court may order a speedy hearing of an action of a declaratory judgment and may advance it on the calendar. 
 

[An. Code 1957, art. 31A, § 6; 1973, 1st Sp. Sess., ch. 2, § 1; 2006, ch. 44, § 6.]