by Ryan McKeen
A declaratory judgment is an extraordinary remedy in Connecticut. Ordinarily Connecticut courts deal with events that have already happened. From crimes to car accidents….courts resolve conflicts for events that have already occurred or are ongoing. Courts usually hear cases where an actual loss has occurred.
On the other hand, a declaratory judgment is brought by a plaintiff who is unsure of his rights.
Under Connecticut law a party can bring an action for declaratory judgment when:
(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 uncertainty 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 declaratory judgment immediate redress, the 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. Connecticut Practice Book Section 17-55.
Bysiewicz v. DiNardo is a prime example of a controversy that is ripe for a declaratory action as uncertainty abounds. When the case is resolved for better or worse, Ms. Bysiewicz, the CT Democratic Party, and the Secretary of State’s Office will have answers in place of uncertainty and that’s good for all involved.