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 West Virginia, a declaratory judgment, or 'dec action,' is a legal remedy where a court is asked to clarify the legal rights, status, or relationships of the parties involved in a dispute before any actual harm or violation has occurred. This type of action is used to resolve uncertainties and prevent future litigation, liability, or harm. It is commonly sought in cases of disagreements over the interpretation or application of legal documents such as insurance policies, contracts, deeds, wills, trusts, leases, statutes, or municipal ordinances. However, West Virginia law does not permit the use of declaratory judgments to resolve issues 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 petition. The purpose of a declaratory judgment is to address new questions of law or fact that have not yet been decided by the court.