Colorado § 13-51-109 - Not a limitation.
Full text of Colorado Colorado Revised Statutes § 13-51-109 — Not a limitation., with citation guidance and answers to common questions.
§ 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.
Source: L. 23: p. 269, § 5. CSA: C. 93, § 82. CRS 53: § 77-11-5. C.R.S. 1963: § 77-11-5.
ANNOTATION
Although § 13-51-106 and C.R.C.P. 57(b) detail situations in which declaratory judgment actions may be brought, they do not restrict the court's ability to grant declaratory relief in other situations when appropriate. Berenergy Corp. v. Zab, Inc., 94 P.3d 1232 (Colo. App. 2004), aff'd on other grounds, 136 P.3d 252 (Colo. 2006).
Declaratory judgment action is an appropriate means of testing the validity of a decree and resolving uncertainty as to the legal rights and status of the parties, even if the controversy has not yet ripened into litigation. In re Lockwood, 857 P.2d 557 (Colo. App. 1993).
A trial court may exercise its discretion to declare the existence of an oral contract and, if one exists, the terms of that contract, where such relief would "terminate the controversy or remove an uncertainty." Zab, Inc. v. Berenergy Corp., 136 P.3d 252 (Colo. 2006).
Frequently Asked Questions About Colorado § 13-51-109
What does Colorado Revised Statutes § 13-51-109 cover?
Section 13-51-109 ("Not a limitation.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 13-51-109?
A common citation format is "Colorado Revised Statutes § 13-51-109" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 13-51-109 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.