Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
History: 1953 Comp., § 22-6-12, enacted by Laws 1975, ch. 340, § 9.
ANNOTATIONSSupplemental relief available on showing of need to complete relief. — Supplemental relief to a declaratory judgment whenever necessary or proper may only be entered after an order to show cause, and then upon a determination that it should be granted to complete the relief declared. State ex rel. Bingaman v. Valley Sav. & Loan Ass'n, 1981-NMSC-108, 97 N.M. 8, 636 P.2d 279.
Declaratory and nondeclaratory relief in single action. — The trial court may properly grant declaratory and nondeclaratory relief in a single action when such relief is requested in the pleadings by the parties. State ex rel. Bardacke v. N.M. Fed. Sav. & Loan Ass'n, 1985-NMSC-045, 102 N.M. 673, 699 P.2d 604.
Pending appeal, a trial court retains jurisdiction to enforce an unsuperseded judgment. United Nuclear Corp. v. General Atomic Co., 1982-NMSC-105, 98 N.M. 633, 651 P.2d 1277, cert. denied, 460 U.S. 1017, 103 S. Ct. 1262, 75 L. Ed. 2d 488 (1983).
Court may provide for future proceedings to enforce right declared. — In action under this section's predecessor, the court found that the debt due by plaintiffs to defendant had not been canceled, found the amounts thereof and the nature of the security and provision was made for future proceedings to enforce the rights declared by appropriate remedy. Burguete v. G.W. Bond & Bro. Mercantile Co., 1938-NMSC-075, 43 N.M. 97, 85 P.2d 749 (decision under former, similar provision).
Declaratory judgment declares preexisting rights without coercive decree. — The principal characteristic of the declaratory judgment which distinguishes it from other judgments is that it declares preexisting rights of the parties without a coercive decree. Execution or performance by the opposing parties does not follow as a matter of course. Pan Am. Petroleum Corp. v. El Paso Natural Gas Co., 1966-NMSC-271, 77 N.M. 481, 424 P.2d 397.
When necessary or proper coercive decree could be entered. — This section's predecessor did authorize the court, when necessary or proper, to grant complete relief and to enter a coercive decree to carry the declaratory judgment into effect. Pan Am. Petroleum Corp. v. El Paso Natural Gas Co., 1966-NMSC-271, 77 N.M. 481, 424 P.2d 397.
Coercive decree granted on showing of need to complete relief. — A coercive decree may only be entered after an order to show cause, and then upon a determination that it should be granted to complete the relief declared. Pan Am. Petroleum Corp. v. El Paso Natural Gas Co., 1966-NMSC-271, 77 N.M. 481, 424 P.2d 397.
When a request for damages is part of a declaratory action, like suits for coercive relief, the judgment is not final, and hence appealable, until the damage award is quantified. Principal Mut. Life Ins. Co. v. Straus, 1993-NMSC-058, 116 N.M. 412, 863 P.2d 447.
Power to issue writ of mandamus. — Because the retiree sought a declaratory judgment to establish his entitlement to begin receiving his retirement annuity, and because the retiree was able to satisfy the district court that the facts supported his position and that the board was required to perform by direction of law regardless of its own opinion as to the propriety or impropriety of doing so, mandamus was entirely appropriate. Rainaldi v. Public Employees Ret. Bd., 1993-NMSC-028, 115 N.M. 650, 857 P.2d 761.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments § 243.
Decree or order which merely declares rights of parties without an express command or prohibition as basis of contempt proceeding, 29 A.L.R. 134.
Remedy or procedure to make effective rights established by declaratory judgment, 101 A.L.R. 689.
May declaratory and coercive or executory relief be combined in action under Declaratory Judgment Act, 155 A.L.R. 501.
26 C.J.S. Declaratory Judgments § 162.