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 Nevada, a declaratory judgment, or 'dec action,' is a legal remedy where a party seeks a court's determination on the legal rights, status, or other relations between parties under a contract, statute, or other legal document. This is typically sought when there is uncertainty or disagreement that could potentially lead to future litigation, and the goal is to clarify the legal position before any breach or wrong occurs. Under Nevada law, declaratory relief is not intended to resolve issues that are already the subject of ongoing litigation. Furthermore, it is not proper to use a declaratory judgment to address issues that are introduced for the first time in an amended petition if they are essentially the same as those raised in the original petition. The Nevada Revised Statutes (NRS) provide the framework for declaratory judgments, and parties seeking such relief must demonstrate that a justiciable controversy exists and that the declaration will resolve the uncertainty or controversy.