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 Vermont, a declaratory judgment, or 'dec action,' is a legal remedy where a court is asked to provide a formal statement clarifying the legal rights and obligations of the parties involved in a dispute. This type of action is typically sought when there is uncertainty or disagreement regarding the application or interpretation of contracts, insurance policies, wills, trusts, statutes, or other legal documents, and there is a need to resolve this uncertainty before any further legal violations or damages occur. Vermont's rules for civil procedure allow for such actions, and the courts can issue declaratory judgments to prevent future litigation or harm. However, declaratory relief is not intended to resolve issues that are already the subject of ongoing litigation, nor is it appropriate to introduce such a request for the first time in an amended petition if it merely revisits issues already raised in the original filing. The purpose of a declaratory judgment in Vermont is to provide clarity and settle legal uncertainties, not to re-litigate matters that are already before the court.