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In Nevada, the elements for an equitable claim of declaratory relief are:

  1. A justifiable controversy exists between two or more parties;
  2. Regarding their respective rights pursuant to a contract;
  3. Such that the plaintiff asserts a claim of a legally protected right;
  4. The issue is ripe for judicial determination; and
  5. Plaintiff asks the court to determine the parties’ relative rights under the contract.

NRCP 57; NRS Chapter 30; Kress v. Corey, 65 Nev. 1, 189 P.2d 352 (1948).

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.