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 Idaho, a declaratory judgment, or 'dec action,' is a legal remedy where a party seeks a court's determination on the legal rights, status, or other legal relationships between parties when there is a controversy but no wrong has yet been committed. This type of action is designed to resolve uncertainties and prevent further litigation, liability, or harm. It is commonly used in cases involving disputes over the interpretation or application of contracts, insurance policies, deeds, wills, trusts, leases, statutes, or municipal ordinances. However, Idaho law does not permit the use of declaratory judgments to resolve issues that are already pending before a court. Additionally, a declaratory judgment is not appropriate if it is requested through an amended petition that simply readdresses issues raised in the original petition. The purpose of a declaratory judgment is to address new questions of law or fact before they lead to additional disputes or litigation.