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