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 Washington State, a declaratory judgment, or 'dec action,' is a legal remedy used to resolve uncertainty or disputes over legal rights, status, or relationships before any substantial harm or violation has occurred. This type of action is particularly useful in cases where parties are seeking clarity on the interpretation or enforcement of contracts, insurance policies, wills, trusts, deeds, leases, statutes, or ordinances. The purpose of a declaratory judgment is to prevent future litigation or harm by having the court declare the rights and obligations of the parties involved. It is important to note that declaratory relief is not intended to resolve issues that are already the subject of ongoing litigation. Additionally, a declaratory judgment cannot be properly sought through an amended petition if it simply rehashes issues that were already raised in the original lawsuit. Instead, it must address a new or ongoing controversy where the court's declaration can provide the necessary legal clarity.