Complying With C.a.r. 28 and 32
| Jurisdiction | Colorado,United States |
| Citation | Vol. 39 No. 11 Pg. 65 |
| Pages | 65 |
| Publication year | 2010 |
2010, November, Pg. 65. Complying With C.A.R. 28 and 32
November 2010
Vol. 39, No. 11 [Page 65]
Judges' Corner is published quarterly to provide information Colorado judges would like to disseminate to attorneys. If you would like to suggest topics or write an article for this Department, please send an e-mail to Coorindating Editor Hon. Alan Loeb, Colorado Court of Appeals Judge, at alan.loeb@judicial.state.co.us.
About the Author
Richard L. Gabriel is a judge on the Colorado Court of Appeals. Judge Gabriel thanks Polly Brock, Chief Deputy Clerk of the Colorado Court of Appeals, and Jane Bailey, a staff attorney with the court, for their invaluable assistance in the preparation of this article.
The Colorado Appellate Rules mandate the form and content of briefs filed in the Colorado Supreme Court and Court of Appeals.(fn1) These rules are not mere technicalities.(fn2) They have a purpose, and reasonable adherence to such rules is essential to the administration of justice.(fn3) Nonetheless, with some frequency, practitioners fail to comply with these rules in material respects. This lack of compliance results in briefs being stricken and case dispositions being delayed.
In this article, I note the applicable rules and identify the portions of those rules that my experience shows are most often violated. I then offer suggestions for avoiding some pitfalls in those rules, to ensure the swift and fair resolution of matters coming before our appellate courts.
C.A.R. 28 and 32
C.A.R. 28 sets forth the general rules governing briefs filed in the Colorado Supreme Court and Court of Appeals. Among other things, the rule describes what briefs must contain,(fn4) how parties are to cite to the record,(fn5) and the limits on the length of briefs.(fn6) The rule also requires the parties to identify the applicable standard of appellate review and where in the record an issue on appeal was raised and where the court ruled on it. The rule states:
For each issue raised on appeal, the party raising such issue must provide, under a separate heading placed before discussion of the issue: (1) a concise statement of the applicable standard of appellate review with citation to authority; and (2) a citation to the precise location in the record where the issue was raised...
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