—Conditions for Declaratory

Judgment A declaratory judgment action may be main- tained if all of the following conditions have been met: (1) The party seeking the declaratory judgment has an interest, legal or equitable, by reason of danger of loss or of uncertainty as to the party’s rights or other jural relations; (2) There is an actual bona fide and substantial question or issue in dispute or substantial uncer- tainty of legal relations which requires settlement between the parties; and (3) In the event that there is another form of proceeding that can provide the party seeking the the declaratory judgment court is of the opinion that such party should be allowed to proceed with the claim for declaratory judgment despite the existence of such alternate procedure. immediate redress, (P.B. 1978-1997, Sec. 390.) (Amended June 28, 1999, to take effect Jan. 1, 2000.)