Declaratory Judgment: Uniform Declaratory Judgment Act


Thompson v. State, 2007 MT 185, 338 Mont. 511, 167 P.2d 867 Since the WCC does not appear in the list of courts of record enumerated in this statute, it cannot be “read into” the list. The fact that MAPA requires stenographic records is not sufficient to transform the WCC into a court of record for purposes of § 27-8-201, MCA. The WCC and other administrative tribunals may produce records which this Court or a district court may review on appeal. However, courts that produce records are not the same as courts of record, and the WCC is not presently authorized to issue declaratory judgments under the UDJA and § 27-8-201, MCA.


Thompson v. State of Montana and Liberty Northwest Ins. Corp. and Montana State Fund [04/28/06] 2006 MTWCC 19 While Respondent urges this Court to interpret § 2-4-501, MCA, to mean that the WCC’s only authority to issue declaratory rulings is via MAPA, ARM 24.5.351 – the rule provided for under § 2-4-501, MCA – does not specifically limit the WCC to MAPA. Section 2-4-501, MCA, does not state that the WCC may not issue declaratory judgments under the auspices of the UDJA; it merely commands the WCC to promulgate a rule setting forth a procedure to dispose of those actions for declaratory judgment concerning the applicability of statutory provisions, rules, or orders of the WCC. Respondent asks the Court to read limiting language into a statute that is not there.