Declaratory Judgments.

Ala. Code tit. 6, ch. 6, art. 5

in effect

Ala. Code § 6-6-220 “Person” Defined.

6-6-220. “Person” Defined. The word “person,” wherever used in this article, shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever. (Acts 1935, No. 355, p. 777; Code 1940, T. 7, §168.)

Ala. Code § 6-6-221 Purpose, Construction, and Administration of Article.

6-6-221. Purpose, Construction, and Administration of Article. This article is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respects to rights, status, and other legal relations and is to be liberally construed and administered. This article shall be so interpreted and construed as to effectuate its general purpose 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. (Acts 1935, No. 355, p. 777; Code 1940, T. 7, §167; Acts 1947, No. 604, p. 444.)

Ala. Code § 6-6-222 Power of Courts of Record; Form and Effect of Declarations.

6-6-222. Power of Courts of Record; Form and Effect of Declarations. 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 is requested. 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. (Acts 1935, No. 355, p. 777; Code 1940, T. 7, §156.)

Ala. Code § 6-6-223 Construction or Validity of Instruments, Statutes, Ordinances, Contracts, or Franchises.

6-6-223. Construction or Validity of Instruments, Statutes, Ordinances, Contracts, or Franchises. 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. (Acts 1935, No. 355, p. 777; Code 1940, T. 7, §157.)

Ala. Code § 6-6-224 Construction of Contracts Before or After Breach.

6-6-224. Construction of Contracts Before or After Breach. A contract may be construed either before or after there has been a breach thereof. (Acts 1935, No. 355, p. 777; Code 1940, T. 7, §158.)

Ala. Code § 6-6-225 Questions on Administration of Trust or Estate of a Decedent, Etc.

6-6-225. Questions on Administration of Trust or Estate of a Decedent, Etc. Any person interested as or through an executor, administrator, 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, incompetent, or insolvent may have a declaration of rights or legal relations in respect thereto: (1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or other; (2) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or (3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings. (Acts 1935, No. 355, p. 777; Code 1940, T. 7, §159.)

Ala. Code § 6-6-226 Enumeration in Sections 6-6-223, 6-6-224, and 6-6-225 Not Exclusive.

6-6-226. Enumeration in Sections 6-6-223, 6-6-224, and 6-6-225 Not Exclusive. The enumeration in Sections 6-6-223, 6-6-224, and 6-6-225 does not limit or restrict the exercise of the general powers conferred in Section 6-6-222 in any proceeding where declaratory relief is sought in which a judgment will terminate the controversy or remove an uncertainty. (Acts 1935, No. 355, p. 777; Code 1940, T. 7, §160.)

Ala. Code § 6-6-227 Persons to Be Made Parties; Rights of Persons Not Parties.

6-6-227. Persons to Be Made Parties; Rights of Persons Not Parties. All persons shall be made parties who have, or claim, any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance, or franchise, such municipality shall be made a party and shall be entitled to be heard; and if the statute, ordinance, or franchise is alleged to be unconstitutional, the Attorney General of the state shall also be served with a copy of the proceeding and be entitled to be heard. (Acts 1935, No. 355, p. 777; Code 1940, T. 7, §166.)

Ala. Code § 6-6-228 Determination of Issue of Fact.

6-6-228. Determination of Issue of Fact. When a proceeding under this article involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. (Acts 1935, No. 355, p. 777; Code 1940, T. 7, §164.)

Ala. Code § 6-6-229 When Refusal Proper.

6-6-229. When Refusal Proper. The court may refuse to enter a declaratory judgment where such judgment, if entered, would not terminate the uncertainty or controversy giving rise to the proceeding. (Acts 1935, No. 355, p. 777; Code 1940, T. 7, §161.)

Ala. Code § 6-6-230 Granting of Further Relief; Application Therefor; Order to Show Cause.

6-6-230. Granting of Further Relief; Application Therefor; Order to Show Cause. Further relief based on a declaratory judgment may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment to show cause why further relief should not be granted forthwith. (Acts 1935, No. 355, p. 777; Code 1940, T. 7, §163.)

Ala. Code § 6-6-231 Awarding of Costs.

6-6-231. Awarding of Costs. In any proceeding under this article, the court may make such award of costs as may seem equitable and just. (Acts 1935, No. 355, p. 777; Code 1940, T. 7, §165.)

Ala. Code § 6-6-232 Review of Orders and Judgments.

6-6-232. Review of Orders and Judgments. All orders and judgments under this article may be reviewed as other orders and judgments. (Acts 1935, No. 355, p. 777; Code 1940, T. 7, §162.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026