# Courts and Judicial Proceedings (GCJ) ## Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action ### Subtitle 4. Declaratory Judgment #### Section 3-401 In this subtitle, "person" includes the State, any county, municipal corporation, or other political subdivisions of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. #### Section 3-402 This subtitle is remedial. Its purpose is to settle and afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations. It shall be liberally construed and administered. #### Section 3-403 (a) Except for the District Court, a court of record within its jurisdiction may 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. (b) The enumeration in Sec.Sec. 3-406, 3-407, 3-408, and 3-408.1 of this subtitle does not limit or restrict the exercise of the general powers conferred in subsection (a) of this section in any proceeding where declaratory relief is sought and in which a judgment or decree will terminate the controversy or remove an uncertainty. #### Section 3-404 The fact that a proceeding is brought under this subtitle does not affect a right to jury trial which otherwise may exist. #### Section 3-405 (a) (1) If declaratory relief is sought, a person who has or claims any interest which would be affected by the declaration, shall be made a party. (2) Except in a class action, the declaration may not prejudice the rights of any person not a party to the proceeding. (b) In any proceeding which involves the validity of a municipal or county ordinance or franchise, the municipality or county shall be made a party and is entitled to be heard. (c) If the statute, municipal or county ordinance, or franchise is alleged to be unconstitutional, the Attorney General need not be made a party but, immediately after suit has been filed, shall be served with a copy of the proceedings by certified mail. He is entitled to be heard, submit his views in writing within a time deemed reasonable by the court, or seek intervention pursuant to the Maryland Rules. #### Section 3-406 Any person interested under a deed, will, trust, land patent, written contract, or other writing constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, administrative rule or regulation, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, administrative rule or regulation, land patent, contract, or franchise and obtain a declaration of rights, status, or other legal relations under it. #### Section 3-407 A contract may be construed before or after a breach of the contract. #### Section 3-408 Any person interested as or through a personal representative, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or beneficiary of a trust, in the administration of a trust, or of the estate of a decedent, a minor, a disabled person, or an insolvent, may have a declaration of rights or legal relations in respect to the trust or the estate of the decedent, minor, disabled person, or insolvent in order to: (1) Ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; (2) Direct the personal representative, guardian, or other fiduciary or trustees to do or abstain from doing any particular act in their fiduciary capacity; or (3) Determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings. #### Section 3-408.1 (a) In this section, "Commissioner", "land", and "patent" have the same meanings as provided in Title 13 of the Real Property Article. (b) A court shall render a declaratory judgment in a land patent proceeding on being requested to do so under Sec. 13-407 of the Real Property Article. The party filing for the declaratory judgment shall attach as exhibits copies of any relevant material filed with the Commissioner. (c) The declaration shall be made according to the provisions of this subtitle and Title 13 of the Real Property Article. The declaratory judgment may be appealed as provided in this article and the Maryland Rules. (d) The declaration of the court shall be binding on all of the land, regardless of whether some of the land is located in a county other than where the court is located. #### Section 3-409 (a) 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) 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) 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) Proceeding by declaratory judgment is not permitted in any case in which divorce or annulment of marriage is sought. (e) A court may order a speedy hearing of an action of a declaratory judgment and may advance it on the calendar. #### Section 3-410 In any proceeding under this subtitle the court may make such award of costs as may seem equitable and just. #### Section 3-411 The declaration may be affirmative or negative in form and effect and has the force and effect of a final judgment or decree. #### Section 3-412 (a) Further relief based on a declaratory judgment or decree may be granted if necessary or proper. (b) An application for further relief shall be by petition to a court having jurisdiction to grant the relief. (c) If the application is sufficient, the court, on reasonable notice, shall require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted. #### Section 3-413 The provisions of this subtitle, except the provisions of Sec.Sec. 3-403(a), 3-406, and 3-411 of this subtitle, are severable. The finding by a court that a severable provision of this subtitle is invalid does not affect the validity or operation of the other provisions of this subtitle, unless the court finds that the lone remaining valid provisions are incomplete and incapable of being executed in accordance with the legislative intent. #### Section 3-414 This subtitle shall be interpreted and construed to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees. #### Section 3-415 This subtitle may be cited as the Maryland Uniform Declaratory Judgments Act. --- Md. Code Ann., Cts. & Jud. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)