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 Kentucky, a declaratory judgment, or 'dec action,' is a legal remedy where a court is asked to clarify the legal rights and obligations of the parties involved before any violation of those rights has occurred. This type of action is used to resolve legal uncertainty and prevent future disputes or litigation. It is commonly sought in cases involving disagreements over contracts, insurance policies, deeds, wills, trusts, leases, statutes, or ordinances. Kentucky law stipulates that declaratory relief is not available for issues that are already being litigated in court. Additionally, a declaratory judgment cannot be properly sought through an amended petition if it only addresses issues that were already raised in the original petition. The purpose of a declaratory judgment in Kentucky is to provide clarity and prevent harm or liability before any wrongful act has been committed.