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Declaratory Relief

In Nevada, the elements for an equitable claim of declaratory relief are: (1) A justifiable controversy exists between two or more parties; (2) Regarding their respective rights pursuant to a contract; (3) Such that the plaintiff asserts a claim of a legally protected right; (4) The issue is ripe for judicial determination; and (5) Plaintiff asks the court to determine the parties’ relative rights under the contract. See, NRCP 57, NRS Chapter 30, and Kress v. Corey, 65 Nev. 1, 189 P.2d 352 (1948).  

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