Colorado Supreme Court Rules Committees, 0816 COBJ, Vol. 45, No. 8 Pg. 97
Court Business
Rule Change 2016(08) Rule 39.1. Attorney Fees on Appeal
If attorney fees are recoverable for the appeal, the principal brief of the party claiming attorney fees must include a specific request, and explain the legal and factual basis, for an award of attorney fees. Any opposition to a request for attorney fees, and the legal and factual basis for the opposition, must be set forth in either the answer or reply brief, as appropriate. In its discretion, the appellate court may determine entitlement to and the amount of an award of attorney fees for the appeal, or may remand those determinations to the lower court or tribunal.
Rule 43. Substitution of Parties
(a) Death of a Party.
(1) After Notice of Appeal is Filed. If a party dies after a notice of appeal is filed or while a proceeding is otherwise pending in the appellate court, the personal representative of the deceased party may be substituted as a party on motion filed by the representative or any party. A death certificate or other official proof of death must be filed with the motion. A party’s motion must be served on the representative in accordance with C.R.C.P. 25. If the decedent has no representative, any party may suggest the death on the record, and the court may then direct appropriate proceedings.
(2) Before Notice of Appeal is Filed-Potential Appellant. If a party entiled to appeal dies before filing a notice of appeal, the decedent’s personal representative-or, if the decedent has no personal representative, the decedent’s attorney of record-may file a notice of appeal within the time prescribed by these rules. After the notice of appeal is filed, substitution must be in accordance with section (a)(1) of this rule.
(3) Before Notice of Appeal is Filed-Potential Appellee If a party against whom an appeal may be taken dies after entry of a judgment or order in the underling proceeding, but before a notice of appeal is filed, an appellant may proceed as if the death had not occurred. After the notice of appeal is filed, substitution must be in accordance with section (a)(1) of this rule.
(b) Substitution for Reasons Other Than Death. If substitution of a party is required for any reason other than death the party seeking substitution must file a motion stating the grounds for...
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