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 North Carolina, a declaratory judgment, or 'dec action,' is a legal remedy provided under state law where a party seeks a court's determination on the legal rights, status, or other relationships among parties involved in a dispute. This is typically sought when there is uncertainty or disagreement that could potentially lead to future litigation, such as disputes over contracts, insurance policies, wills, trusts, or the interpretation of statutes. The North Carolina General Statutes (NCGS) § 1-253 to § 1-267 outline the provisions for declaratory judgments. The purpose of such a judgment is to resolve legal uncertainty and prevent further litigation or harm. It is important to note that a declaratory judgment cannot be used to resolve issues that are already pending before a court, nor can it be properly sought through an amended petition that does not raise new issues but instead addresses the same issues as the original petition. The courts in North Carolina have the authority to issue declaratory judgments provided the case presents an actual controversy that needs resolution and is within the scope of the court's jurisdiction.