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 Mississippi, 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 actual harm or violation has occurred. This type of action is particularly useful in situations where there is uncertainty or disagreement regarding the 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 liability by having the court declare the rights and obligations of the parties involved. Under Mississippi law, declaratory relief is not intended to resolve disputes that are already being litigated in court. Additionally, it is not proper to use a declaratory judgment to address issues that are being raised for the first time in an amended petition if those issues are essentially the same as those presented in the original petition. The Mississippi Declaratory Judgment Act, found in Mississippi Code Title 11, Chapter 13, governs the procedure and requirements for seeking a declaratory judgment in the state.