December 17, 2013
MARK MACY, Petitioner,
BUTTE-SILVER BOW COUNTY CLERK OF COURT, Respondent.
Self-represented Petitioner Mark Macy (Macy) has applied to the Court for a writ of supervisory control, seeking supervision of the Silver Bow County Clerk of Court in Cause No. DV-13-0267. Macy alleges the Clerk refused to follow M. R. Civ. P. 55 and enter a default judgment against defendant Alexa Montgomery. Macy maintains that he has written two letters to the Clerk requesting entry of the default to no avail.
Montana Rule of Civil Procedure 55(a) provides: "When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default."
We contacted the Silver Bow County Clerk of Court to secure a copy of the docket in the District Court proceeding. Upon reviewing the docket, the Clerk ascertained that the proof of service was entered without verification that it had been served upon the defendant.
After reviewing the docket, the Clerk corrected the entry indicating when the summons and complaint were served and entered the defendant's default. The Clerk provided this Court with a copy of the documents indicating that a default was entered on December 11, 2013. The Clerk's entry of the default means that this petition no longer presents an actual controversy. An issue becomes moot when a change in circumstances leaves no controversy to be decided and this Court can no longer grant any effective relief. In re Marriage of Gorton, 2008 MT 123, \ 16, 342 Mont. 537, 182 P.3d 746. We do not review or decide moot issues. Shamrock Motors, Inc. v. Ford Motor Co., 1999 MT 21, If 19, 293 Mont. 188, 974 P.2d 1150.
IT IS ORDERED that this petition is DISMISSED and DENIED as moot.
The Clerk is directed to provide a copy hereof to any counsel of record, the Clerk of the Silver Bow County District Court, and Mark Macy.