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 Nebraska, a declaratory judgment action, or 'dec action,' is a legal proceeding where a party seeks a court's determination on the legal rights, duties, or status of the parties involved in a dispute. This type of action is typically used when there is uncertainty or disagreement regarding the interpretation of contracts, insurance policies, deeds, wills, trusts, leases, statutes, or ordinances, and there is a need to clarify these before any breach or wrong has occurred. The purpose of a declaratory judgment is to resolve legal uncertainties and to prevent further litigation or harm. Under Nebraska law, declaratory relief is not available for disputes that are already pending before a court, and it cannot be used to address issues that are simply reiterations of those raised in an original petition. Instead, it must be based on a distinct controversy that requires judicial interpretation. An attorney can provide guidance on whether a declaratory judgment action is appropriate for a particular situation and how to properly file such an action in Nebraska courts.