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Haithcox v. Attorney Gen.

Supreme Court of Montana
Mar 14, 2023
OP 23-0119 (Mont. Mar. 14, 2023)

Opinion

OP 23-0119

03-14-2023

TIMOTHY C. HAITHCOX, Petitioner, v. MONTANA ATTORNEY GENERAL, Respondent.


ORDER

Timothy C. Haithcox has filed a "Constitutional Challenge to a Statute and Notice of Constitutional Question," pursuant to M. R. Civ. P. 5(1). When this notice was sent to this Court, Haithcox had not included any other pleading or petition for relief.

Haithcox's proceeding is not properly before this Court. The Montana Rules of Civil Procedure apply to Montana's district courts, not this Court. M. R. Civ. P. 1. Furthermore, Haithcox provides no pleading or petition, pursuant to M. R. App. P. 14, for this Court to exercise its jurisdiction, determining "such original and remedial writs . . ." such as a declaratory judgment action, or a writ of review. M. R. App. P. 14(2), 14(3), and 14(4). No justiciable controversy exists, and this Court does not issue advisory opinions. Slate v. Whalen. 2013 MT 26. ¶ 40. 368 Mont. 354, 295 P.3d 1055. Accordingly, IT IS ORDERED that Haithcox's Constitutional Challenge to a Statute and Notice of Constitutional Question is DISMISSED sua sponte.

The Clerk is directed to provide a copy of this Order to counsel of record and to Timothy C. Haithcox personally.

The Clerk is also directed to CLOSE this matter as of this Order's date.


Summaries of

Haithcox v. Attorney Gen.

Supreme Court of Montana
Mar 14, 2023
OP 23-0119 (Mont. Mar. 14, 2023)
Case details for

Haithcox v. Attorney Gen.

Case Details

Full title:TIMOTHY C. HAITHCOX, Petitioner, v. MONTANA ATTORNEY GENERAL, Respondent.

Court:Supreme Court of Montana

Date published: Mar 14, 2023

Citations

OP 23-0119 (Mont. Mar. 14, 2023)