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 Ohio, a declaratory judgment, or 'dec action,' is a legal remedy where a court is asked to make a determination on the rights, status, or other legal relations of the parties involved in a dispute. This type of action is typically sought when there is uncertainty or disagreement that has not yet resulted in a wrong or injury, such as disputes over the interpretation of contracts, insurance policies, wills, trusts, deeds, statutes, or ordinances. The purpose of a declaratory judgment is to resolve uncertainty and prevent further litigation or harm. Under Ohio law, declaratory relief is not intended to resolve issues that are already the subject of ongoing litigation. Additionally, a declaratory judgment is not appropriate if it is requested through an amended petition that does not raise new issues but instead addresses the same matters as the original petition. Ohio's civil procedure rules and statutes outline the specific requirements and limitations for seeking a declaratory judgment in the state's courts.