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 Colorado, a declaratory judgment action is a legal proceeding in which a party seeks a court's determination on the legal rights, duties, or status of the parties involved, typically before any actual harm or violation has occurred. This type of action is used to clarify legal uncertainties and to prevent further disputes or litigation. It is commonly used in cases involving the interpretation of contracts, insurance policies, deeds, wills, trusts, leases, statutes, or municipal ordinances. However, Colorado law stipulates that declaratory relief is not available for disputes that are already being litigated in court. Additionally, a declaratory judgment cannot be sought through an amended petition if it simply rehashes issues that were already raised in the original petition. The purpose of a declaratory judgment is to resolve legal questions proactively, rather than to address wrongs that have already been committed or to revisit issues currently under judicial consideration.