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The Southwest Intertribal Court of Appeals (SWITCA)

SWITCA Rules of Appellate Procedure

The following is the complete record of the SWITCA Rules of Appellate Procedure which were adopted by the SWITCA Standing Administrative Committee on June 22, 2001.

SOUTHWEST INTERTRIBAL COURT OF APPEALS

RULES OF APPELLATE PROCEDURE

Accepted and approved, as amended, by the
Standing Administrative Committee on June 22, 2001

SOUTHWEST INTERTRIBAL COURT OF APPEALS RULES COMMITTEE

Hon. Elizabeth Callard, Southern Ute Tribal Court, Chairman

Cite as SWITCARA #____ (2001).

Rule 1. Scope of rules; tribal rules primary; no diminishment of tribal sovereignty

Rule 2. Jurisdiction; composition of the court; chief judge; panels; judges' duties

Rule 3. Authority of appellate court; matters which may be reviewed; advisory opinions

Rule 4. Determining tribal law; determining questions of law other than tribal law

Rule 5. Scope of or limitations on review

Rule 6. Attorneys, counselors and advocates; admission to practice in the court of appeals; ethics code; conflict of interest; suspension or disbarment; withdrawing from representing a client

Rule 7. Suspension or extension of required time schedules

Rule 8. Computation of time

Rule 9. Pleadings; informality; handwritten; place of filing; copies; service of process; notice of service; filing; appellate court

Rule 10. Fees; required payment

Rule 11. Notice of appeal; where to file; timeliness; consolidated appeals; contents; parties; service; notice to court of appeals; death of party; counsel appointment; jurisdictional challenges; parties joining

Rule 12. Acceptance or denial of appeal because of jurisdiction

Rule 13. Interlocutory appeal; request for permission to file; timeliness

Rule 14. Acceptance of interlocutory appeal; procedure; timeliness

Rule 15. Certification of the record; duty of lower court; duty of appellate chief judge; parties to receive copy of certification

Rule 16. Record for appeal; contents; transcription of audio recordings

Rule 17. Appeal with no record; duty of parties and lower court to develop record

Rule 18. Inadequate record

Rule 19. Bond; when required; limits

Rule 20. Stay of judgment or injunction pending appeal; motion; appellate court motion

Rule 21. Release pending appeal of a conviction; procedure; appellate court motion

Rule 22. Reconsideration of decision to dismiss appeal; procedure; finality

Rule 23. Writ of mandamus and prohibition; contents of petition; procedure; time limits; denial without action

Rule 24. Writ of habeas corpus; contents of petition; procedure; time limits; denial without action

Rule 25. Motions; where files; contents; certification of service; responses; emergencies

Rule 26. Filing and serving briefs; schedule; failure to file

Rule 27. Form and content of briefs; pro se parties

Rule 28. Pre-hearing conference and order

Rule 29. Oral argument; when allowed; withdrawal of request; order

Rule 30. Oral argument hearing; notice; request for postponement or additional time; telephone conference; procedure; failure to appear

Rule 31. Decision; content and form of judgment

Rule 32. Entry of judgment

Rule 33. Interest on money judgments

Rule 34. Costs of appeal; request for costs

Rule 35. Petition for rehearing; contents of petition; procedure

Rule 36. Voluntary dismissal; stipulation; motion

Rule 37. Substitution of personal representative for a party

Rule 38. Severability

Rule 39. Rules by court of appeals

Rule 40. Facsimile; transmission of documents; responsibility of transmitting party; hard copy required

Rule 41. Definitions