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28 U.S.C. § 2202 — Further relief

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2202 — Further relief

Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against any adverse party whose rights have been determined by such judgment.

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Source file: Laws/federal/codes/united-states-code/title-28/section-2202-further-relief--37a24e50b5.md
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Source location: Title 28, Chapter 151, § 2202; chapter-151-declaratory-judgments.md

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Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against any adverse party whose rights have been determined by such judgment.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2201 — Creation of remedy

**(a)** In a case of actual controversy within its jurisdiction, except with respect to Federal taxes other than actions brought under section 7428 of the Internal Revenue Code of 1986, a proceeding under section 505 or 1146 of title 11, or in any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of merchandise of a free trade area country (as defined in section 516A(f)(9) of the Tariff Act of 1930), as determined by the administering authority, any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such. **(b)** For limitations on actions brought with respect to drug patents see section 505 or 512 of the Federal Food, Drug, and Cosmetic Act, or section 351 of the Public Health Service Act.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2202 — Further relief

Page 517 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2241 1976—Pub. L. 94–455 substituted ‘‘taxes other than ac- tions brought under section 7428 of the Internal Rev- enue Code of 1954’’ for ‘‘taxes’’. 1958—Pub. L. 85–508 struck out provisions which re- lated to District Court for Territory of Alaska. See sec- tion 81A of this title which establishes a United States District Court for the State of Alaska. 1954—Act Aug. 28, 1954, extended provisions to Alaska. 1949—Act May 24, 1949, corrected spelling of ‘‘or’’ in second sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under sec- tion 1516a of Title 19, Customs Duties, or binational panel reviews under NAFTA, see section 432 of Pub. L. 116–113, set out as a note under section 1516a of Title 19. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], but not applicable to any final determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of Title 19, Customs Duties, notice of which is published in the Federal Register before such date, or to a determina- tion described in section 1516a(a)(2)(B)(vi) of Title 19, notice of which is received by the Government of Can- ada or Mexico before such date, or to any binational panel review under the United States-Canada Free- Trade Agreement, or to any extraordinary challenge arising out of any such review that was commenced be- fore such date, see section 416 of Pub. L. 103–182, for- merly set out as an Effective Date note u

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