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 Wisconsin, 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 interpretation or application of a contract, insurance policy, deed, will, trust, lease, statute, or ordinance, and there is a need to resolve this uncertainty before any further legal violations or damages occur. The purpose of a declaratory judgment is to prevent future litigation and to provide clarity to the parties, thereby avoiding potential liability and harm. However, under Wisconsin law, declaratory relief is not available for disputes that are already being litigated in court. Additionally, a declaratory judgment cannot be properly sought through an amended petition if it simply reiterates issues that were already raised in the original lawsuit. The goal is to address new or ongoing uncertainties, not to revisit matters that are already under judicial consideration.