Are we able to provide an advisory opinion on the burden of proof in future litigation?
federal, United States of America
The following excerpt is from Stuart v. City of Scottsdale (In re Stuart), BAP No. AZ-20-1171-TBK (B.A.P. 9th Cir. 2021):
6. Stuart seems to be seeking an advisory opinion from us regarding the appropriate burden of proof on the issue of the proper source of payment for the City's claim in future litigation. But we are not in the business of giving advisory opinions on issues that are not yet ripe and may never ripen into a controversy. We lack jurisdiction to do so. United States v. Gila Valley Irrigation Dist., 31 F.3d 1428, 1436 (9th Cir. 1994).
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