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 Wyoming, a declaratory judgment action, or 'dec action,' is a legal proceeding where a party seeks a court's determination on the legal rights, status, or other relations among parties involved in a dispute. This type of action is typically pursued when there is uncertainty or disagreement that has not yet led to a wrong or injury, such as disputes over the interpretation of contracts, insurance policies, wills, trusts, deeds, leases, statutes, or ordinances. The purpose of a declaratory judgment is to resolve uncertainty and prevent further litigation or harm. However, it is important to note that declaratory relief is not intended to address issues that are already being litigated in court. Additionally, a declaratory judgment is not appropriate if it is requested through an amended petition that does not introduce new issues but rather revisits the same matters presented in the original petition. Wyoming courts will consider whether there is an actual controversy and whether the declaratory relief will serve a useful purpose in clarifying and settling the legal relations in question.