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 Mexico, a declaratory judgment, or 'dec action,' is a legal remedy used to resolve uncertainty or disputes over legal rights or status before a wrong has occurred. This type of action is particularly useful in cases where parties seek clarification on the interpretation or application of contracts, insurance policies, deeds, wills, trusts, leases, statutes, or municipal ordinances. The purpose of a declaratory judgment is to prevent further litigation, liability, and harm by providing a definitive ruling on the legal questions at hand. However, it is important to note that declaratory relief is not available for disputes that are already pending before a 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 Mexico courts will grant a declaratory judgment only if it resolves a justiciable controversy where the parties have a real and substantial interest at stake.