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 South Carolina, a declaratory judgment, or 'dec action,' is a legal remedy provided under state law where a party seeks a court's determination on the legal rights, status, or other legal relationships of the parties involved. This is typically sought when there is uncertainty or a dispute regarding the application or interpretation of a contract, insurance policy, deed, will, trust, lease, statute, or ordinance, and there is a need to clarify these before any breach or wrong has occurred. The purpose of such a judgment is to resolve uncertainty and prevent future litigation or harm. Under South Carolina law, declaratory relief is not available for disputes that are already being litigated. 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. The relevant statutes governing declaratory judgments in South Carolina can be found in the South Carolina Code of Laws, particularly under Title 15 - Civil Remedies and Procedures.