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 Michigan, a declaratory judgment action is a legal proceeding in which a party seeks a court's determination on the legal rights, duties, or status of the parties involved, typically before any actual harm or breach has occurred. This type of action is used to clarify legal uncertainties and to prevent or reduce the risk of future litigation. It is commonly used in cases involving disputes over contracts, insurance policies, deeds, wills, trusts, leases, statutes, or municipal ordinances. Under Michigan law, declaratory relief is not intended to resolve issues that are already the subject of ongoing litigation. Additionally, a declaratory judgment is not appropriate if it is sought through an amended petition that does not present new issues but rather reiterates disputes already raised in the original petition. The purpose of a declaratory judgment is to resolve uncertainty and provide parties with legal clarity, not to re-litigate matters that are already before the court.