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 Utah, 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 between the parties involved, under a contract, statute, or other legal document. This type of action is typically used when there is a dispute 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 there is a need to clarify the legal situation before any breach or harm occurs. Utah law, similar to federal law, allows for such actions to prevent future litigation or to provide parties with legal certainty. However, declaratory relief is not intended to resolve issues that are already the subject of ongoing litigation. Additionally, a declaratory judgment would be considered improper if it is sought through an amended petition that does not introduce new issues but rather addresses the same matters as the original petition. The purpose of a declaratory judgment is to resolve uncertainties and disputes without waiting for a wrong to be committed, thereby potentially avoiding further conflict or harm.