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 Delaware, a declaratory judgment, or 'dec action,' is a legal remedy used to resolve uncertainty or disputes over legal rights, status, or relationships before any further harm or violation occurs. This type of action is particularly useful in cases where parties disagree on the interpretation or application of contracts, insurance policies, wills, trusts, leases, statutes, or ordinances. The Delaware Declaratory Judgment Act, found in Title 10, Chapter 65 of the Delaware Code, allows courts to declare rights, status, or other legal relations whether or not further relief is or could be claimed. The act is designed to settle and afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations. However, it is not intended to be used for disputes that are already the subject of ongoing litigation. Additionally, a declaratory judgment cannot be properly sought through an amended petition if it only addresses issues that were already raised in the original petition. The purpose of a declaratory judgment is to provide a definitive statement of the rights of the parties without requiring any further action or causing any change in their conduct.