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 Louisiana, a declaratory judgment, or 'dec action,' is a legal remedy used to resolve uncertainty or disputes over legal rights, status, or relationships before any actual harm or violation has occurred. This type of action is particularly useful in cases where parties are in disagreement over the interpretation or application of legal documents such as insurance policies, contracts, deeds, wills, trusts, leases, statutes, or municipal ordinances. The purpose of a declaratory judgment is to establish the rights and obligations of the parties involved, thereby preventing further litigation, liability, and harm. However, under Louisiana law, declaratory relief is not available for disputes that are already pending before a court. Additionally, a declaratory judgment cannot be properly sought through an amended petition if it simply reiterates issues that were already raised in the original petition. Instead, it must address a new or separate controversy that has arisen between the parties.