What is a declaratory judgment in civil litigation?
A declaratory judgment is a court ruling in civil litigation that declares or states the rights of the parties involved in the case. This type of judgment is generally used when the parties don’t agree on the interpretation of the law. In South Carolina, the court may issue a declaratory judgment if it finds that the parties involved have a legal interest in the question presented and that a justiciable controversy exists between the parties that calls for the court’s intervention. When the court issues a declaratory judgment, it states the rights of the parties involved as they relate to the legal issue presented. This allows the parties to know their rights without having to wait for an actual lawsuit to be filed or a verdict to be reached. A declaratory judgment allows parties to make decisions based on a definitive ruling by the court, instead of having to wait for the proceedings of a lawsuit to run their course.
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