A lawsuit seeking a declaratory judgment—also known as a “deck action” (dec. action)—is a lawsuit that asks the court to determine the rights, status, or other legal relations of the parties when a controversy has arisen, but before a wrong has been committed. A declaratory judgment seeks to prevent further litigation, liability, and harm. Declaratory relief is not available to settle disputes already pending before a court. A declaratory judgment is improper if the relief requested is raised for the first time in an amended petition (lawsuit) and merely addresses the same issues as were raised in the original petition.
A declaratory judgment is often sought when there is a disagreement over the meaning or application of an insurance policy or other contract, or a deed, will, trust, lease, statute, or municipal ordinance.
In Alaska, a declaratory judgment action, or 'dec action,' is a legal proceeding where a party seeks a court's determination on the legal rights, status, or other relationships among parties involved in a dispute. This type of action is typically used when there is uncertainty or disagreement regarding the interpretation or application of legal documents such as contracts, insurance policies, wills, trusts, leases, statutes, or ordinances. The purpose of a declaratory judgment is to resolve ambiguity and prevent future litigation or harm by clarifying the legal obligations or rights before any breach or wrong has occurred. Under Alaska law, declaratory relief is not intended to resolve issues that are already the subject of ongoing litigation. Additionally, it is not proper to use a declaratory judgment to address issues that are introduced for the first time in an amended petition if they are essentially the same as those raised in the original petition. The relevant Alaska statutes governing declaratory judgments can be found in Alaska Statutes Title 22, Chapter 10, which outlines the procedures and requirements for such actions.