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 Maryland, a declaratory judgment, or 'dec action,' is a legal remedy available to individuals or entities seeking to clarify their legal rights, status, or other legal relationships before any breach or wrong has occurred. This type of action is particularly useful in situations where there is uncertainty or a dispute regarding the interpretation or application of legal documents such as contracts, insurance policies, wills, trusts, leases, statutes, or ordinances. The purpose of a declaratory judgment is to resolve ambiguity and prevent future litigation or harm by having the court declare the rights and obligations of the parties involved. Maryland courts will not grant declaratory relief if the matter is already the subject of ongoing litigation or if the issues have been previously addressed in the same case. It is important to note that declaratory judgments are not used to address issues that have already been decided or to re-litigate matters; they are forward-looking and aim to prevent legal disputes from escalating.