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 New Hampshire, 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 under state law. This type of action is typically used when there is a dispute or uncertainty regarding the application or interpretation of contracts, insurance policies, deeds, wills, trusts, leases, statutes, or ordinances, and there is a need to resolve this before any breach or wrong has occurred. The purpose of a declaratory judgment is to prevent further litigation, liability, and harm by providing a definitive ruling on the matter at hand. However, it is important to note that declaratory relief is not intended to resolve issues that are already being litigated in 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. New Hampshire courts will only grant declaratory judgments when there is a justiciable controversy and when the judgment will serve a useful purpose in clarifying and settling the legal relations in question.