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 Tennessee, a declaratory judgment, or 'dec action,' is a legal remedy used to resolve uncertainty or disputes over legal rights or status before any harm or violation has occurred. This type of lawsuit allows parties to seek a court's determination on the interpretation of contracts, insurance policies, wills, trusts, statutes, or other legal documents. The purpose of a declaratory judgment is to prevent future litigation and clarify legal obligations or rights. Under Tennessee law, declaratory relief is not intended to address 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 present new issues but rather revisits the same matters included in the original petition. Tennessee courts will grant a declaratory judgment only if it serves a useful purpose in clarifying and settling the legal relations at issue and if a judgment would terminate the uncertainty or controversy giving rise to the proceeding.