When declaratory relief is sought all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise the municipality shall be made a party and shall be entitled to be heard. If the statute, ordinance or franchise is alleged to be unconstitutional the Attorney General shall also be served with a copy of the proceeding and be entitled to be heard.
HISTORY: 1962 Code Section 10-2008; 1952 Code Section 10-2008; 1948 (45) 2014.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 53 - Declaratory Judgments
Section 15-53-10. Short title.
Section 15-53-20. Courts of record may declare rights, status and other legal relations.
Section 15-53-40. Construction of contract before or after breach.
Section 15-53-50. Rights under trust or estate of decedent, infant, lunatic or insolvent.
Section 15-53-60. Enumeration is no restriction on general powers.
Section 15-53-70. Declaratory judgment may be refused.
Section 15-53-90. Determination of facts; jury trials.
Section 15-53-110. Review of declaratory judgments.
Section 15-53-120. Granting of further relief based on declaratory judgment.
Section 15-53-130. Chapter shall be construed liberally.
Section 15-53-140. Chapter intended to make uniform the laws of the states.