33 Miss. Code. R. 201-4.3 - Reasons For Refusal of Declaratory Opinion Request

The District may, for good cause, refuse to issue a declaratory opinion. Without limiting the generality of the foregoing, the circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

(a) the matter is outside the primary jurisdiction of the District;

(b) lack of clarity concerning the question presented;

(c) there is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

(d) the statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

(e) the facts presented in the request are not sufficient to answer the question presented;

(f) the request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

(g) the request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the rule statue or order on which a declaratory opinion is sought;

(h) no controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute, rule, or order;

(i) the question presented by the request concerns the legal validity of a statute, rule or order;

(j) the request is not based upon facts calculated to aid in the planning of future conduct, but is, instead, based on past conduct in an effort to establish the effect of that conduct;

(k) no clear answer is determinable;

(l) the question presented by the request involves the application of a criminal statute or sets for facts which may constitute a crime;

(m) the answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

(n) the question is currently the subject of an Attorney General's opinion request; or,

(o) the question has been answered by an Attorney General's opinion.

Notes

33 Miss. Code. R. 201-4.3

Miss. Code Ann. § 51-9-127 (Rev. 2000)