Declaratory Judgments

C.R.S. tit. 13, art. 51

in effect

C.R.S. § 13-51-101 Short title

13-51-101. Short title. This article shall be known and may be cited as the "Uniform Declaratory Judgments Law".

C.R.S. § 13-51-102 Legislative declaration

13-51-102. Legislative declaration. This article is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and it is to be liberally construed and administered.

C.R.S. § 13-51-103 Definitions

13-51-103. Definitions. As used in this article, unless the context otherwise requires: (1) "Person" means any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.

C.R.S. § 13-51-104 Interpretation and construction

13-51-104. Interpretation and construction. 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 and decrees.

C.R.S. § 13-51-105 Power and force of declaration

13-51-105. Power and force of declaration. Courts of record within their respective jurisdictions 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.

C.R.S. § 13-51-106 Who may obtain declaration

13-51-106. Who may obtain declaration. 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.

C.R.S. § 13-51-107 Contract construed any time

13-51-107. Contract construed any time. A contract may be construed either before or after there has been a breach thereof.

C.R.S. § 13-51-108 Purposes of declaration

13-51-108. Purposes of declaration. (1) 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, an infant, a mental incompetent, or an insolvent may have a declaration of rights or legal relations in respect thereto: (a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or other; or (b) To direct the executors, administrators, 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.

C.R.S. § 13-51-109 Not a limitation

13-51-109. Not a limitation. The enumeration in sections 13-51-106 to 13-51-108 does not limit or restrict the exercise of the general powers conferred in section 13-51-105, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.

C.R.S. § 13-51-110 When court may refuse

13-51-110. When court may refuse. 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.

C.R.S. § 13-51-111 Review

13-51-111. Review. All orders, judgments, and decrees under this article may be reviewed as other orders, judgments, and decrees.

C.R.S. § 13-51-112 Further relief

13-51-112. Further relief. Further relief based on a declaratory judgment or decree may be granted when 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, 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 forthwith.

C.R.S. § 13-51-113 Issues of fact

13-51-113. Issues 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 facts are tried and determined in other civil actions in the court in which the proceeding is pending.

C.R.S. § 13-51-114 Costs

13-51-114. Costs. In any proceeding under this article, the court may make such award of costs as may seem equitable and just.

C.R.S. § 13-51-115 Parties - ordinances - statutes

13-51-115. Parties - ordinances - statutes. When declaratory relief is sought, 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 is 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.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.docxFetched: 10/6/2026