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We the People Constitutional Class ---- Video Available ... Copyright - Its All in the NAME...... wtpfit@gmail.com

Record by Affidavit in the Court of Public Record

E-mail address is:   wtpfit@gmail.com
We The People Constitutional Class 
The name was changed March 2005 to: We The People for Independent Texas

We The People for Independent Texas Websites:
http://wtpfit.freeservers.com             Start October 2005  Current Website
http://wtpcc.freeservers.com              2005 to October 2005
http://wtplc.freeservers.com              Years 2001 thru 2004
http://micromann.freeservers.com      Original Website
http://trcp.freeservers.com                 Texas Rules of Civil Procedure  TRCP
http://www.freewebs.com/wtpfit/      Clerks Duties

Get a copy of the Video: Copyright - Its All in the NAME.
A sample copyright instrument suitable for recordation will be included.

A CD is now also available for a donation containing documents actually used. 
CD contains:  
Documents actually used. 
MP3 Audio of Classes
MP3 Audio of Copyright Class
Texas Rules of Civil Procedure 

All past classes are available by special request only!

The reason we do not set a price is because if we did it would be a price and not a donation.  Some can afford more and others can afford nothing.  It is not for us to make that decision.  We send the information out and if you want to donate, we say thank you but many cannot afford it and are deprived of lawful information.  Most donate at least enough to cover postage and materials and others donate to cover the ones that are not as fortunate.


Note: All additions to Website is in order by date.
** Newest information is always at the bottom! **

The contents of this Website will not change. All additions will be posted to:
http://wtplc.freeservers.com

ALL INFORMATION LISTED BELOW IS REFERENCE MATERIAL FOR POSTED DOCUMENTS.
Replies and Comments: e-mail to - wtpcc @ lycos.com

Copyright
... Copyright
... Bill -Notice for Violating Copyright
... Affidavit for Truth
... Declaratory Judgment

Judgment
.... Judgment of We The People
.... Criminal Complaint of We The People
.... Habeas Corpus
.... Writ of Mandamus
.... Change of Venue

Declaration
.... Judicial Notice of my Right to Travel
.... Free Born Right to Keep and Bear Arms

Read this and if you don't understand it let me know, there will be a test later.
The only question on that test is: Who and where?
Where is the one supreme Court location and who are the 12 Justices.

The District Attorney has no Venue or Jurisdiction in the several counties of Texas.

That's what I am trying to get you to understand.

The State of Texas is foreign venue to the county as the United States is foreign to the states.

The people's one supreme Court is the county Court of record the highest Court in the Land.

Once it rules the United States Supreme Courts, Federal or State can not question the ruling; read the 7th amendment.

The State and federal Courts are inferior tribunals to We the People's one supreme Court.

The one supreme Court exist wherever the People convene it!

By the law of the Land and the Texas Constitution, the People have agreed to convene it at the county seat and the county judge is elect by the people as the administrator of their one supreme Court of Record. He makes no judicial ruling. He is only there to keep the Court open and see that it is run orderly and enforce the judgments of the Court of the People. When the jury is called and has been sworn from among the People they are the twelve justices sitting as the one supreme Court of Record for the People of that county.

Texas CONSTITUTION ARTICLE 1 Section 29.
PROVISIONS OF BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT; TO FOREVER REMAIN INVIOLATE. To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.

Law Know/Remember CFUS/CFST/TRCP/FRCP

Texas CONSTITUTION

ARTICLE 1
Sec. 10. RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS. In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall not be compelled to give evidence against himself, and shall have the right of being heard by himself or counsel, or both, shall be confronted by the witnesses against him and shall have compulsory process for obtaining witnesses in his favor, except that when the witness resides out of the State and the offense charged is a violation of any of the anti-trust laws of this State, the defendant and the State shall have the right to produce and have the evidence admitted by deposition, under such rules and laws as the Legislature may hereafter provide; and no person shall be held to answer for a criminal offense, unless on an indictment of a grand jury, except in cases in which the punishment is by fine or imprisonment, otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army or navy, or in the militia, when in actual service in time of war or public danger. (Amended Nov. 5, 1918.)

Sec. 13. EXCESSIVE BAIL OR FINES; CRUEL AND UNUSUAL PUNISHMENT; REMEDY BY DUE COURSE OF LAW. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.

Sec. 19. DEPRIVATION OF LIFE, LIBERTY, ETC.; DUE COURSE OF LAW. No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.

Sec. 26. PERPETUITIES AND MONOPOLIES; PRIMOGENITURE OR ENTAILMENTS. Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed, nor shall the law of primogeniture or entailments ever be in force in this State.

Sec. 29. PROVISIONS OF BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT; TO FOREVER REMAIN INVIOLATE. To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.


ARTICLE 5

Sec. 13. NUMBER OF GRAND AND PETIT JURORS; NUMBER CONCURRING. Grand and petit juries in the District Courts shall be composed of twelve men; but nine members of a grand jury shall be a quorum to transact business and present bills. In trials of civil cases, and in trials of criminal cases below the grade of felony in the District Courts, nine members of the jury, concurring, may render a verdict, but when the verdict shall be rendered by less than the whole number, it shall be signed by every member of the jury concurring in it. When, pending the trial of any case, one or more jurors not exceeding three, may die, or be disabled from sitting, the remainder of the jury shall have the power to render the verdict; provided, that the Legislature may change or modify the rule authorizing less than the whole number of the jury to render a verdict.

Sec. 15. COUNTY COURT; COUNTY JUDGE. There shall be established in each county in this State a County Court, which shall be a court of record; and there shall be elected in each county, by the qualified voters, a County Judge, who shall be well informed in the law of the State; shall be a conservator of the peace, and shall hold his office for four years, and until his successor shall be elected and qualified. He shall receive as compensation for his services such fees and perquisites as may be prescribed by law. (Amended Nov. 2, 1954.)

Sec. 16. COUNTY COURTS; JURISDICTION; DISQUALIFICATION OF JUDGE. The County Court has jurisdiction as provided by law. The County Judge is the presiding officer of the County Court and has judicial functions as provided by law. County court judges shall have the power to issue writs necessary to enforce their jurisdiction. County Courts in existence on the effective date of this amendment are continued unless otherwise provided by law. When the judge of the County Court is disqualified in any case pending in the County Court the parties interested may, by consent, appoint a proper person to try said case, or upon their failing to do so a competent person may be appointed to try the same in the county where it is pending in such manner as may be prescribed by law. (Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4, 1980, and Nov. 5, 1985.)

Sec. 17. TERMS OF COUNTY COURT; PROSECUTIONS; JURIES. The County Court shall hold terms as provided by law. Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law. Grand juries empaneled in the District Courts shall inquire into misdemeanors, and all indictments therefor returned into the District Courts shall forthwith be certified to the County Courts or other inferior courts, having jurisdiction to try them for trial; and if such indictment be quashed in the County, or other inferior court, the person charged, shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit. A jury in the County Court shall consist of six men; but no jury shall be empaneled to try a civil case unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may be prescribed by law, unless he makes affidavit that he is unable to pay the same. (Amended Nov. 5, 1985.)

Sec. 27. TRANSFER OF CASES PENDING AT ADOPTION OF CONSTITUTION. The Legislature shall, at its first session, provide for the transfer of all business, civil and criminal, pending in District Courts, over which jurisdiction is given by this Constitution to the County Courts, or other inferior courts, to such County or inferior courts, and for the trial or disposition of all such cases by such County or other inferior courts.


ARTICLE 3
Sec. 62. CONTINUITY OF STATE AND LOCAL GOVERNMENTAL OPERATIONS; SUSPENSION OF CONSTITUTIONAL PROCEDURAL RULES. (a) The Legislature, in order to insure continuity of state and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices. Provided, however, that Article I of the Constitution of Texas, known as the "Bill of Rights" shall not be in any manner affected, amended, impaired, suspended, repealed or suspended hereby.
(b) When such a period of emergency or the immediate threat of enemy attack exists, the Legislature may suspend procedural rules imposed by this Constitution that relate to:
(1) the order of business of the Legislature;
(2) the percentage of each house of the Legislature necessary to constitute a quorum;
(3) the requirement that a bill must be read on three days in each house before it has the force of law;
(4) the requirement that a bill must be referred to and reported from committee before its consideration; and
(5) the date on which laws passed by the Legislature take effect.
(c) When such a period of emergency or the immediate threat of enemy attack exists, the Governor, after consulting with the Lieutenant Governor and the Speaker of the House of Representatives, may suspend the constitutional requirement that the Legislature hold its sessions in Austin, the seat of government. When this requirement has been suspended, the Governor shall determine a place other than Austin at which the Legislature will hold its sessions during such period of emergency or immediate threat of enemy attack. The Governor shall notify the Lieutenant Governor and the Speaker of the House of Representatives of the place and time at which the Legislature will meet. The Governor may take security precautions, consistent with the state of emergency, in determining the extent to which that information may be released.
(d) To suspend the constitutional rules specified by Subsection (b) of this section, the Governor must issue a proclamation and the House of Representatives and the Senate must concur in the proclamation as provided by this section.
(e) The Governor's proclamation must declare that a period of emergency resulting from disasters caused by enemy attack exists, or that the immediate threat of enemy attack exists, and that suspension of constitutional rules relating to legislative procedure is necessary to assure continuity of state government. The proclamation must specify the period, not to exceed two years, during which the constitutional rules specified by Subsection (b) of this section are suspended.
(f) The House of Representatives and the Senate, by concurrent resolution approved by the majority of the members present, must concur in the Governor's proclamation. A resolution of the House of Representatives and the Senate concurring in the Governor's proclamation suspends the constitutional rules specified by Subsection (b) of this section for the period of time specified by the Governor's proclamation.
(g) The constitutional rules specified by Subsection (b) of this section may not be suspended for more than two years under a single proclamation. A suspension may be renewed, however, if the Governor issues another proclamation as provided by Subsection (e) of this section and the House of Representatives and the Senate, by concurrent resolution, concur in that proclamation. (Added Nov. 6, 1962; Subsec. (a) amended and (b)-(g) added Nov. 8, 1983.)



The Constitution of the United States of America

Amendment VII (1791)
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII (1791)
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX (1791)
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X (1791)
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Article I Section 8. Clause 9
To constitute tribunals inferior to the Supreme Court;

Article III Section 1.
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.




Texas Rules of Civil Procedure


RULE 52. ALLEGING A CORPORATION
An allegation that a corporation is incorporated shall be taken as true, unless denied by the affidavit of the adverse party, his agent or attorney, whether such corporation is a public or private corporation and however created.


RULE 53. SPECIAL ACT OR LAW
A pleading founded wholly or in part on any private or special act or law of this State or of the Republic of Texas need only recite the title thereof, the date of its approval, and set out in substance so much of such act or laws as may be pertinent to the cause of action or defense.

RULE 257. GRANTED ON MOTION
A change of venue may be granted in civil causes upon motion of either party, supported by his own affidavit and the affidavit of at least three credible persons, residents of the county in which the suit is pending, for any following cause:
(a) That there exists in the county where the suit is pending so great a prejudice against him that he cannot obtain a fair and impartial trial,
(b) That there is a combination against him instigated by influential persons, by reason of which he cannot expect a fair and impartial trial.
(c) That an impartial trial cannot be had in the county where the action is pending.
(d) For other sufficient cause-to be determined by the Court.
RULE 258. SHALL BE GRANTED
Where such motion to transfer venue is duly made, it shall be granted, unless the credibility of those making such application, or their means of knowledge or the truth of the facts set out in the said application are attacked by the affidavit of a credible person; when thus attacked, the issue thus formed shall be tried by the judge; and the application either granted or refused. Reasonable discovery in support of, or in opposition to, the application shall be permitted, and such discovery as is relevant, including deposition testimony on file, may be attached to, or incorporated by reference in, the affidavit of a party, a witness, or an attorney who has knowledge of such discovery.



Federal Rules Of Civil Procedure

II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
Rule 4. Summons
(a) Form.
The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, and state the name and address of the plaintiff's attorney or, if unrepresented, of the plaintiff. It shall also state the time within which the defendant must appear and defend, and notify the defendant that failure to do so will result in a judgment by default against the defendant for the relief demanded in the complaint. The court may allow a summons to be amended.

(b) Issuance.
Upon or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal. If the summons is in proper form, the clerk shall sign, seal, and issue it to the plaintiff for service on the defendant. A summons, or a copy of the summons if addressed to multiple defendants, shall be issued for each defendant to be served.



VI. TRIALS
Rule 38. Jury Trial of Right
(a) Right Preserved.
The right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States shall be preserved to the parties inviolate.
(b) Demand.
Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to the issue, and (2) filing the demand as required by Rule 5(d) . Such demand may be indorsed upon a pleading of the party.
(c) Same: Specification of Issues.
In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action.
(d) Waiver.
The failure of a party to serve and file a demand as required by this rule constitutes a waiver by the party of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.
(e) Admiralty and Maritime Claims.
These rules shall not be construed to create a right to trial by jury of the issues in an admiralty or maritime claim within the meaning of Rule 9(h) .


Rule 39. Trial by Jury or by the Court
(a) By Jury.
When trial by jury has been demanded as provided in Rule 38 , the action shall be designated upon the docket as a jury action. The trial of all issues so demanded shall be by jury, unless (1) the parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury or (2) the court upon motion or of its own initiative finds that a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of the United States.
(b) By the Court.
Issues not demanded for trial by jury as provided in Rule 38 shall be tried by the court; but, notwithstanding the failure of a party to demand a jury in an action in which such a demand might have been made of right, the court in its discretion upon motion may order a trial by a jury of any or all issues.
(c) Advisory Jury and Trial by Consent.
In all actions not triable of right by a jury the court upon motion or of its own initiative may try any issue with an advisory jury or, except in actions against the United States when a statute of the United States provides for trial without a jury, the court, with the consent of both parties, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.


VII. JUDGMENT

Rule 60. Relief from Judgment or Order

(a) Clerical Mistakes.
Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.

(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, Etc.
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b) ; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order, or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to grant relief to a defendant not actually personally notified as provided in Title 28, U.S.C., Sec.1655, or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.



United States Code - Selected Sections
United States Code
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART V - PROCEDURE
CHAPTER 115 - EVIDENCE; DOCUMENTARY

Sec. 1746. Unsworn declarations under penalty of perjury
Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:
(1) If executed without the United States: ''I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)''.
(2) If executed within the United States, its territories, possessions, or commonwealths: ''I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)''.


TEXAS GOVERNMENT CODE
Section 602.004. Oath Made Outside United States
An oath made outside the United States and its territories may be administered and a certificate of the fact given by:
(3) a notary public.





PETITION FOR DECLARATORY JUDGMENT Under CHAPTER 37
Civil Practice and Remedies Code


County Court of Record for the people of the county of Dallas, Texas
Mandated by Article 5 Section 15 as preserved by Article 1 Section 13
of the 1876 Constitution of State of Texas or any court of competent jurisdiction.
Cause Number________________

Addressee: Ralph, of evans
Applicant, Aggrieved Party,
living soul one of the we the people


PETITION FOR DECLARATORY JUDGMENT Under CHAPTER 37.
Texas Civil Practice and Remedies Code Sec. 37.001.

"BRIEF IN SUPPORT OF PETITION FOR DECLARATORY JUDGMENT By
THE COUNTY CONSTITUTIONAL COURT OF RECORD MANDATED
BY ARTICLE 5 SECTION 15 AND BY AUTHORITY OF ARTICLE 1,
SECTION 13, 19 and 29 OF THE 1876 Constitution of the State
of Texas AND THE VII, VIII, IX AND X AMENDMENT OF THE
1787 Constitution of the united States of America or
any article III court of Competent Jurisdiction.

I, Me, addressee, Ralph, of evans, a man, a living soul, the undersigned Applicant and affiant, Aggrieved Party, hereby aver and certify under penalty of perjury under Biblical Law recorded in James 5:12, by declaration that the facts stated below are true, correct, complete, and not misleading to the best of my knowledge and belief, and show the court the following in compliance with ARTICLE 1 SECTION 29 of the Constitution of the State of Texas.

I, me, a living soul, the Accused, Petition the person in the office of the county court of Record judge mandated by Article 5 Section 15 of the 1876 Constitution of the State of Texas for DECLARATORY JUDGMENT by said court by the law of the land.

Jurisdiction
Sec. 37.003. Power of Courts to Render Judgment; Form and Effect.
(a) A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. This Art 5 Sec. 15 court is the only Court of Record authorized by the 1876 Texas Constitution. Therefore this Court has jurisdiction to rule on this Petition for DECLARATORY JUDGMENT on behalf and for me.

ARGUMENT
I, Me, am a living soul with unalienable rights protected by Article 1 the "Bill of Rights" and preserved by Art. 3 Sec. 62 of the 1876 Constitution for the State of Texas and the legislature has no authority in any manner affect, amend, impair, suspend, repeal or suspend my rights and the legislative statutory created courts have no jurisdiction to rule on my rights whatsoever.

RELIEF
I, me, Ralph, evans petition for order in the nature of DECLARATORY JUDGMENT that my rights are forever excepted from powers of government: To forever remain inviolate and all laws, statutes, rules, codes, ordinances, regulation, shall be void as mandated by Art.1, Sec. 29 of the 'Bill of Rights' of the 1876 Constitution of the State of Texas. The purpose of this DECLARATORY JUDGMENT is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and it is to be liberally construed and administered and for settlement once and for all for my on going mental pain and suffering and the status of my rights and grant any other relief this court deem just and proper.

Respectively submitted this 21st day of March, year 2000

Address: Ralph, of evans
Location: post office of the States united
Garland, Texas

CERTIFICATE OF SERVICE
This is to certify that a true copy of the foregoing document PETITION FOR DECLARATORY JUDGMENT was served by private messenger, with certificate of Service to the county court of record clerk for the county court of record of the county of Dallas, Texas state this the ___ day of March, year 2000.

By: ______________________________


Civil Practice and Remedies Code

CHAPTER 37. DECLARATORY JUDGMENTS

Sec. 37.001. Definition.
In this chapter, "person" means an individual, partnership ,joint-stock company, unincorporated association or society, or municipal or other corporation of any character.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 37.002. Short Title, Construction, Interpretation.
(a) This chapter may be cited as the Uniform Declaratory Judgments Act.
(b) This chapter is remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and it is to be liberally construed and administered.
(c) This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 37.003. Power of Courts to Render Judgment; Form and Effect.
(a) A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for.
(b) The declaration may be either affirmative or negative in form and effect, and the declaration has the force and effect of a final judgment or decree.
(c) The enumerations in Sections 37.004 and 37.005 do not limit or restrict the exercise of the general powers conferred in this section in any proceeding in which declaratory relief is sought and a judgment or decree will terminate the controversy or remove an uncertainty.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 37.004. Subject Matter of Relief.
(a) A person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.
(b) A contract may be construed either before or after there has been a breach.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 37.005. Declarations Relating to Trust or Estate.
A person interested as or through an executor, administrator, trustee, guardian, other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust or of the estate of a decedent, an infant, mentally disabled person, or insolvent may have a declaration of rights or legal relations in respect to the trust or estate:
(1) to ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;
(2) to direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3) to determine any question arising in the administration of the trust or estate, including questions of construction of wills and other writings.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 167, Sec. 3.08(a), eff. Sept. 1, 1987.

Sec. 37.006. Parties.
(a) When declaratory relief is sought, all persons who have or claim any interest that would be affected by the declaration must be made parties. A declaration does not prejudice the rights of a person not a party to the proceeding.
(b) In any proceeding that involves the validity of a municipal ordinance or franchise, the municipality must be made a party and is entitled to be heard, and if the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state must also be served with a copy of the proceeding and is entitled to be heard.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 37.007. Jury Trial.
If a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 37.008. Court Refusal to Render.
The court may refuse to render or enter a declaratory judgment or decree if the judgment or decree would not terminate the uncertainty or controversy giving rise to the proceeding.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 37.009. Costs.
In any proceeding under this chapter, the court may award costs and reasonable and necessary attorney's fees as are equitable and just.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 37.010. Review.
All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 37.011. Supplemental Relief.
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application must be by petition to a court having jurisdiction to grant the relief. If the application is 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.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985

CERTIFICATE OF SERVICE
This is to certify that a true copy of the foregoing document Civil Practice and Remedies Code CHAPTER 37. DECLARATORY JUDGMENTS ACT was served by private messenger, with certificate of Service to the county court of record clerk for the county court of record of the county of Dallas, Texas state this the ____ day of September 1999.

By: ________________