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 Texas, a declaratory judgment, or 'dec action,' is a legal remedy provided under the Texas Civil Practice and Remedies Code (Chapter 37). It allows a party to seek a court's determination on the rights, status, or other legal relations of the parties involved when there is a controversy but no wrong has yet been committed. This proactive legal action is designed to clarify legal obligations and prevent further litigation, liability, or harm. It is commonly used in disputes over the interpretation of contracts, insurance policies, deeds, wills, trusts, leases, statutes, or municipal ordinances. However, declaratory relief is not available for disputes that are already pending before a court, and it cannot be used to address issues that are simply reiterations of those raised in an original petition. The request for a declaratory judgment must be timely and must present a justiciable controversy that the court can resolve.
