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 Virginia, a declaratory judgment, also known as a 'declaratory action' or 'dec action,' is a legal remedy provided for under the Virginia Declaratory Judgment Act (Code of Virginia, Sections 8.01-184 to 8.01-191). This type of lawsuit is filed when a person or entity seeks a judicial determination of their rights, status, or other legal relationships under a contract, statute, or other legal document before any breach or wrong has occurred. The purpose of such an action is to resolve uncertainty and prevent further litigation, liability, or harm. It is important to note that declaratory relief is not available for disputes that are already pending before a court, and it cannot be used to address issues that are simply rephrased or repeated in an amended petition if they were already raised in the original petition. Declaratory judgments are commonly sought in cases involving insurance policies, contracts, deeds, wills, trusts, leases, statutes, or municipal ordinances where there is a dispute about the interpretation or application of these documents.