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 Hawaii, a declaratory judgment, or 'dec action,' is a legal remedy where a court is asked to provide a formal statement clarifying the legal rights and obligations of the parties involved in a dispute. This type of action is typically sought when there is uncertainty or disagreement regarding the application or interpretation of contracts, insurance policies, deeds, wills, trusts, leases, statutes, or municipal ordinances. The purpose of a declaratory judgment is to resolve ambiguity and prevent future litigation or harm by determining the parties' rights or status before any wrongful act has occurred. However, under Hawaii law, declaratory relief is not available for disputes that are already pending before a court. Additionally, it is not proper to seek a declaratory judgment by amending a petition in an ongoing lawsuit if it only addresses issues that were already raised in the original petition. The goal is to address new matters of contention rather than rehashing previously litigated points.