{"data":{"id":"us-ky/krs-418.065","jurisdiction":"us-ky","citation":"KRS 418.065","heading":"When court may refuse to declare rights -- Scope of review -- Remand of","body":"case by appellate court.\nThe court may refuse to exercise the power to declare rights, duties or other legal\nrelations in any case where a decision under it would not terminate th e uncertainty or\ncontroversy which gave rise to the action, or in any case where the declaration or\nconstruction is not necessary or proper at the time under all the circumstances. The\nappellate court in its consideration of the case, shall not be confined  to errors alleged or\napparent in the record. When, in its opinion, further pleadings or proof is necessary to a\nfinal and correct decision of the matters involved, or that should be involved, it shall\nremand the case for that purpose; or if in its opinion  the action is prematurely brought, or\nwhere a ruling in the appellate court is not considered necessary or proper at the time\nunder all the circumstances, it may direct a dismissal without prejudice in the lower court.","path":["KRS Chapter 418"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18021","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:38Z","sha256":"920b078fbaf7b985481bffc8649cd079f31cdd6ac1a2a330a31079c36683317a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-418.060","next":"us-ky/krs-418.070"},"notice":"GroundRules: Original legal text. Not legal advice."}