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735 ILCS 5/2-701
(735 ILCS 5/2-701) (from Ch. 110, par. 2-701)
Sec. 2-701.
Declaratory judgments.
(a) No action or proceeding is
open to objection on the ground that a merely declaratory judgment or
order is sought thereby. The court may, in cases of actual controversy,
make binding declarations of rights, having the force of final
judgments, whether or not any consequential relief is or could be
claimed, including the determination, at the instance of anyone
interested in the controversy, of the construction of any statute,
municipal ordinance, or other governmental regulation, or of any deed,
will, contract or other written instrument, and a declaration of the
rights of the parties interested. The foregoing enumeration does not
exclude other cases of actual controversy. The court shall refuse to
enter a declaratory judgment or order, if it appears that the judgment
or order, would not terminate the controversy or some part thereof,
giving rise to the proceeding. In no event shall the court entertain
any action or proceeding for a declaratory judgment or order involving
any political question where the defendant is a State officer whose
election is provided for by the Constitution; however, nothing herein
shall prevent the court from entertaining any such action or proceeding
for a declaratory judgment or order if such question also involves a
constitutional convention or the construction of a statute involving a
constitutional convention.
(b) Declarations of rights, as herein provided
for, may be obtained by means of a pleading seeking that relief alone,
or as incident to or part of a complaint, counterclaim or other pleading
seeking other relief as well, and if a declaration of rights is the only
relief asked, the case may be set for early hearing as in the case of a
motion.
(c) If further relief based upon a declaration of right becomes
necessary or proper after the declaration has been made, application may
be made by petition to any court having jurisdiction for an order
directed to any party or parties whose rights have been determined by
the declaration to show cause why the further relief should not be
granted forthwith, upon reasonable notice prescribed by the court in its
order.
(d) If a proceeding under this Section involves the determination of
issues of fact triable by a jury, they shall 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.
(e) Unless the parties agree by stipulation as to the allowance
thereof, costs in proceedings authorized by this Section shall be
allowed in accordance with rules. In the absence of rules the practice
in other civil actions shall be followed if applicable, and if not
applicable, the costs may be taxed as to the court seems just.
(Source: P.A. 82-280.)
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