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 Iowa, 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 used when there is uncertainty or disagreement regarding the application or interpretation of a contract, insurance policy, deed, will, trust, lease, statute, or ordinance, and there is a need to resolve this before any breach or wrong has occurred. The purpose of a declaratory judgment is to prevent further litigation, liability, and harm by clarifying the legal situation. Under Iowa law, declaratory relief is not available for disputes that are already pending before a court, and it cannot be used to address issues that are simply reiterations of those raised in an original petition. Instead, it must be sought as a separate action to address new or unresolved legal questions. The relevant statutes governing declaratory judgments in Iowa can be found in Chapter 679A of the Iowa Code.