Kentucky Statutes 418.065 – When court may refuse to declare rights — Scope of review — Remand of case by appellate court
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The court may refuse to exercise the power to declare rights, duties or other legal relations in any case where a decision under it would not terminate the uncertainty or controversy which gave rise to the action, or in any case where the declaration or construction is not necessary or proper at the time under all the circumstances. The appellate court in its consideration of the case, shall not be confined to errors alleged or apparent in the record. When, in its opinion, further pleadings or proof is necessary to a final and correct decision of the matters involved, or that should be involved, it shall remand the case for that purpose; or if in its opinion the action is prematurely brought, or where a ruling in the appellate court is not considered necessary or proper at the time under all the circumstances, it may direct a dismissal without prejudice in the lower court.
Effective: July 1, 1953
History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 639a-6. — Created 1922 Ky. Acts ch. 83, sec. 6.
Effective: July 1, 1953
Terms Used In Kentucky Statutes 418.065
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 639a-6. — Created 1922 Ky. Acts ch. 83, sec. 6.