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 Arizona, a declaratory judgment action, or 'dec action,' is a legal proceeding where a party seeks a court's determination on the legal rights, duties, or status of the parties involved in a dispute. This type of action is typically used when there is uncertainty or disagreement regarding the interpretation or application of a contract, insurance policy, deed, will, trust, lease, statute, or ordinance, and there is a need to clarify these before any breach or harm occurs. Arizona law, under the Arizona Revised Statutes and relevant case law, allows for such actions to be brought to prevent future litigation, liability, or harm. However, declaratory relief is not available for disputes that are already being litigated. Additionally, a declaratory judgment cannot be sought through an amended petition if it simply rehashes issues already presented in the original petition. The purpose of a declaratory judgment in Arizona is to resolve uncertainty and provide clarity to the parties involved, thereby potentially avoiding further conflict or litigation.