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 Oklahoma, a declaratory judgment action, or 'dec action,' is a legal proceeding where a party seeks a court's determination on the legal rights, status, or other relations among parties involved in a dispute. This type of action is typically used when there is uncertainty or disagreement regarding the interpretation or application of legal documents such as contracts, insurance policies, wills, trusts, leases, statutes, or ordinances. The purpose of a declaratory judgment is to resolve ambiguity and prevent future litigation or harm by clarifying the legal obligations or rights before any breach or wrong has occurred. It is important to note that declaratory relief is not intended to address issues that are already being litigated in court. Additionally, in Oklahoma, a declaratory judgment cannot be properly sought through an amended petition if it simply reiterates issues that were already raised in the original petition. The courts aim to use declaratory judgments to address new matters of contention, rather than to revisit or alter decisions on matters that have already been presented.