Rule 3 APPEAL AS OF RIGHT — HOW TAKEN.

• Jurisdiction: Colorado

Rule 3. Appeal as of Right — How Taken.

(a) Filing the Notice of Appeal in Appeals from Trial Courts. An appeal permitted by law from a trial court to the appellate court must be taken by filing a notice of appeal with the clerk of the appellate court within the time allowed by C.A.R. 4. Upon the filing of the notice of appeal, the appellate court shall have exclusive jurisdiction over the appeal and all procedures concerning the appeal unless otherwise specified by these rules. An advisory copy of the notice of appeal must be served on the clerk of the trial court within the time for its filing in the appellate court. Failure of an appellant to take any step other than the timely filing of a notice of appeal in the appellate court does not affect the validity of the appeal, but is a ground only for such action as the appellate court deems appropriate, which may include dismissal of the appeal. Content of the notice of appeal is not jurisdictional.

(b) Filing the Notice of Appeal or Petition for Review in Appeals from State Agencies. An appeal permitted by statute from a state agency directly to the court of appeals or appellate review from a district court must be in the manner and within the time prescribed by the particular statute.

(c) Joint or Consolidated Appeals. If two or more persons are entitled to appeal from a judgment or order of a trial court and their interests are such as to make joinder practicable, they may file a joint notice of appeal, or may join in appeal after filing separate timely notices of appeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of the appellate court upon its own motion or upon motion of a party, or by stipulation of the parties to the several appeals.

(d) Contents of the Notice of Appeal in Civil Cases (Other Than District Court Review of Agency Actions and Appeals From State Agencies). The notice of appeal must set forth:

(1) A caption that complies in form with C.A.R. 32;

(2) A brief description of the nature of the case including:

(A) A general statement of the nature of the controversy (not to exceed one page);

(B) The judgment, order or parts being appealed and a statement indicating the basis for the appellate court's jurisdiction;

(C) Whether the judgment or order resolved all issues pending before the trial court including attorneys' fees and costs;

(D) Whether the judgment was made final for purposes of appeal pursuant to C.R.C.P. 54 (b);

(E) The date the judgment or order was entered (if there is a question of the date, set forth the details) and the date of mailing to counsel;

(F) Whether there were any extensions granted to file any motion(s) for post-trial relief, and, if so, the date of the request, whether the request was granted, and the date to which filing was extended;

(G) The date any motion for post-trial relief was filed;

(H) The date any motion for post-trial relief was denied or deemed denied under C.R.C.P. 59 (j); and

(I) Whether there were any extensions granted to file any notice(s) of appeal, and, if so, the date of the request, whether the request was granted, and the date to which filing was extended;

(3) An advisory listing of the issues to be raised on appeal;

(4) Whether the transcript of any evidence taken before the trial court or any administrative agency is necessary to resolve the issues raised on appeal;

(5) Whether the order on review was issued by a magistrate where consent was necessary. If the order on review was issued by a magistrate where consent was not necessary, whether a petition for review of the order was filed in the trial court and ruled on by a trial court judge pursuant to the Colorado Rules for Magistrates;

(6) The names of counsel for the parties, their addresses, telephone numbers, e-mail addresses, and registration numbers;

(7) An appendix containing a copy of the judgment or order being appealed, the findings of the court, if any, the motion for new trial, if any, and a copy of the trial court's order granting or denying leave to proceed in forma pauperis if appellant is filing without docket fee pursuant to C.A.R. 12 (b); and

(8) A certificate of service, in...