3 Miss. Code. R. 3-02-104 - Formatting and Submission of the Request for a Declaratory Opinion

1. Each request must be printed, typewritten or in legible handwriting. Each request must be submitted on standard business letter size paper (8 1/2" by 11"). Requests may be in the form of a letter addressed to the Office of the Attorney General or in the form of a pleading as might be addressed to a court.

2. All requests must be mailed, delivered or transmitted via facsimile to the Office of the Attorney General. The request and its envelope shall clearly state that it is a request for a declaratory opinion. Oral, telephone, and email requests are unacceptable.

3. Each request must include the full name, telephone number, and mailing address of the requestor. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request. The signing party shall attest that the request complies with the requirements set forth in these rules, including, but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative or judicial tribunal.

4. A request must be limited to a single transaction or occurrence.

5. Each request must contain the following:

a. a clear identification of the statute or rule at issue;

b. the question sought to be answered in the declaratory opinion, stated clearly;

c. a clear and concise statement of all facts relevant to the question presented;

d. the identity of all other known persons involved in or impacted by the described factual situation prompting the request, including their relationship to the facts, name, mailing address and telephone number; and

e. a statement sufficient to show that the person seeking the opinion has a substantial interest in the subject matter.

6. The terms of the proposed opinion suggested by the requestor may be submitted with the request or may be requested by the Office of the Attorney General.

7. A request may contain an argument by the requestor in support of the terms of the proposed opinion suggested by the requestor. The argument may be submitted in the form of a memorandum of authorities, containing a full discussion of the reasons and any legal authorities, in support of such position of the requestor. The Office of the Attorney General may request that the argument and memorandum of authorities be submitted by any interested party.

Notes

3 Miss. Code. R. 3-02-104