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 Rhode Island, 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 type of action is typically used when there is a controversy or uncertainty regarding the application or interpretation of a law or agreement, such as an insurance policy, contract, deed, will, trust, lease, or ordinance, and the parties are seeking to resolve this uncertainty before any breach or harm occurs. The purpose of a declaratory judgment is to clarify legal obligations and prevent further litigation or harm. However, it is not meant to resolve issues that are already being litigated in court, nor is it appropriate to introduce issues in an amended petition that are essentially the same as those in the original petition. Rhode Island courts will not grant declaratory relief if it is sought merely to readdress issues that are already pending before the court.