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 Georgia, a declaratory judgment, or 'dec action,' is a legal remedy provided under the Georgia Declaratory Judgment Act (O.C.G.A. §§ 9-4-1 to 9-4-10). This type of lawsuit is used to resolve legal uncertainty or disputes over the rights, status, or other legal relations of the parties involved, typically before any breach or wrong has occurred. It is a proactive measure to clarify legal obligations and prevent future litigation or harm. Declaratory judgments are commonly sought in cases involving the interpretation of contracts, insurance policies, deeds, wills, trusts, leases, statutes, or municipal ordinances. However, it is important to note that declaratory relief is not available for issues that are already being litigated in court. Additionally, a declaratory judgment cannot be used to address issues that are brought up for the first time in an amended petition if they are essentially the same as those raised in the original petition. The courts in Georgia will not grant declaratory relief if it is not necessary or proper at the time of the request.