Cross-appeals in the Colorado and Federal Court Systems

• Publication year: 1996
• Pages: 33
• Citation: Vol. 25 No. 8 Pg. 33

25 Colo.Law. 33 Colorado Lawyer 1996.

1996, August, Pg. 33. Cross-Appeals in the Colorado and Federal Court Systems

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33

Vol. 25, No. 8, Pg. 33

Cross-Appeals in the Colorado and Federal Court Systems

by Alan Epstein and Malcolm S. Mead

This article examines the procedural requirements involved in prosecuting a cross-appeal in Colorado in the state and federal systems. It also discusses some of the more frequently confronted substantive issues facing the appellate practitioner in determining how and when to file a cross-appeal.

Procedure

Both the state and federal rules of appellate procedure provide for the filing of a notice of cross-appeal within fourteen days after the filing of an initial notice of appeal by another party to the case.(fn1) These provisions enable a party who is basically satisfied with the judgment to "wait and see" if an opposing party intends to challenge the judgment. If an opposing party files a notice of appeal, the appellee may then cross-appeal.

Under the federal rules, a party must file a notice of cross-appeal by the later of thirty days from the entry of judgment or fourteen days from the filing of the notice of appeal. Under the Colorado rules, a party must file a notice of cross-appeal by the later of forty-five days from the entry of judgment or fourteen days from the date the first notice of appeal is filed.(fn2)

In both state and federal court, a notice of cross-appeal must contain the same information as a notice of appeal.(fn3) A cross-appellant in state court must pay a $75 fee to docket the cross-appeal and another $75 as the "appellee's fee."(fn4) Thus, the total fee upon entering an appearance as a cross-appellant in the Colorado Court of Appeals is $150, the same total fee as for filing a notice of appeal. The fee for filing any notice of appeal (original or cross) in the U.S. Court of Appeals for the Tenth Circuit is $105.(fn5)

In the ordinary appeal (with no cross-appeal), the appellant files an opening brief, the appellee files an answer brief and the appellant then completes the briefing cycle by filing a reply brief.(fn6) If a cross-appeal is filed, the party who first files a notice of appeal is deemed to be the appellant "for the purposes of this rule" (i.e., for the purposes of the briefing schedule), and the briefing schedule is modified somewhat.(fn7)

In state court, the appellant files an opening brief and the...