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 Arkansas, a declaratory judgment, or 'dec action,' is a legal remedy used to resolve uncertainty or disputes over legal rights, status, or relationships before any actual harm or violation has occurred. This type of action is particularly useful in cases where parties are seeking clarity on the interpretation or application of contracts, insurance policies, wills, trusts, leases, statutes, or ordinances. The purpose of a declaratory judgment is to prevent future litigation or harm by establishing the rights and obligations of the parties involved. However, it is important to note that declaratory relief is not available for issues that are already being litigated in court. Additionally, a declaratory judgment cannot be sought through an amended petition if it simply reiterates issues that were already raised in the original petition. Instead, it must address a new or separate controversy. Arkansas courts will grant a declaratory judgment only if there is a justiciable controversy where the judgment will serve a useful purpose in clarifying and settling the legal relations in question.