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.