Rule 4.1 INTERLOCUTORY APPEALS IN CRIMINAL CASES.
| Jurisdiction | Colorado |
(a) Grounds. The state may file an interlocutory appeal in the Supreme Court from a ruling of a district court granting a motion under Crim. P. 41 (e) and (g) and Crim. P. 41.1 (i) made in advance of trial by the defendant for return of property and to suppress evidence or granting a motion to suppress an extra-judicial confession or admission; provided that the state certifies to the judge who granted such motion and to the Supreme Court that the appeal is not taken for purposes of delay and the evidence is a substantial part of the proof of the charge pending against the defendant.
(b) Limitation on Time of Issuance. An interlocutory appeal must be filed within 14 days after the entry of the order complained of. It shall not be a condition for the filing of such interlocutory appeal that a motion for a new trial or rehearing shall have been filed and denied in the trial court.
(c) How Filed. To file an interlocutory appeal the state, within the time fixed by this Rule, shall file the notice of appeal with the clerk of the appellate court with an advisory copy served on the clerk of the trial court.
(d) Record. The record for an interlocutory appeal shall consist of the information or indictment, the plea of the defendant or the defendants, the motions filed by the defendant or defendants on the grounds stated in section (a) above, the reporter's transcript of all testimony taken at the hearing on said motions and such exhibits or reasonable copies, facsimiles, or photographs thereof as the parties may designate (subject to the provisions in C.A.R. 10 (c)(3) pertaining to exhibits of bulk), the order of court ruling on said motions together with the date, if one has been fixed, that the case is set for trial or a certificate by the clerk that the case has not been set for trial. After the filing of the record, such other exhibits or reasonable copies, facsimiles, or photographs thereof shall be transmitted by the clerk of the trial court to the appellate court as the appellate court may order. The record shall be filed within 14 days of the date of filing the notice of appeal.
(e) Appearances. The state in these proceedings shall be represented by the district attorney, and briefs shall be prepared by the district attorney's office and responsive briefs or pleadings served upon that office.
(f) Briefs. Within 14 days after the record has been filed in the Supreme Court, the state shall file its brief, and within 14 days thereafter, the appellee shall file the answer brief, and the state shall have 7 days after service of the answer brief to file any reply brief.
(g) Disposition of Cause. No oral argument shall be permitted except when ordered by the court. The decision of the court shall be by written opinion, copies of which shall be transmitted by the clerk of the court to the trial judge and to one attorney on each side of the case. No petition for rehearing shall be permitted. Remittitur shall accompany said opinion.
(h) Time. The time limits herein may only be enlarged by order of the appropriate court before the existing time limit has expired.
Source: (b), (d), and (f) amended and adopted December 14, 2011, effective January 1, 2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1(b); entire rule amended and effective June 23, 2014; (d) amended and adopted October 26, 2017, effective January 1, 2018.
Rule not violative of equal protection. The provisions of this rule permitting only the prosecution to enter an interlocutory appeal are not violative of equal protection, since the prosecution is precluded from placing the defendant in double jeopardy after the final verdict has been reached, and its only meaningful avenue of appeal must be found in a prejudgment proceeding. People v. Traubert, 199 Colo. 322, 608 P.2d 342 (1980).
This rule requires filing of an interlocutory...
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