THE COLORADO APPELLATE RULES

• Jurisdiction: Colorado

Appendix A The Colorado Appellate Rules

The Colorado Appellate Rules (current through 2019(17))

Index to Colorado Appellate Rules

COLORADO APPELLATE RULES — TABLE OF CONTENTS

APPLICABILITY OF RULES

Rule 1. Scope of Rules
Rule 2. Suspension of Rules

APPEALS FROM JUDGMENTS AND ORDERS OF TRIAL COURTS AND AGENCIES

Rule 3. Appeal as of Right — How Taken
Rule 3.1. Appeals from Industrial Claim Appeals Office
Rule 3.2. Appeals from the Denial of a Petition for Waiver of Parental Notification Requirements
Rule 3.3. Appeals of Grant or Denial of Class Certification
Rule 3.4. Appeals from Proceedings in Dependency or Neglect
Rule 4. Appeal as of Right — When Taken
Rule 4.1. Interlocutory Appeals in Criminal Cases
Rule 4.2. Interlocutory Appeals in Civil Cases
Rule 5. Entry of Appearance and Withdrawal
Rule 6. No Colorado Rule
Rule 7. Bond for Costs on Appeal in Civil Cases
Rule 8. Stay or Injunction Pending Appeal
Rule 8.1. Stays in Criminal Cases
Rule 9. Release in Criminal Cases
Rule 10. Record on Appeal
Rule 10.1. Court of Appeals Accelerated Docket Procedure — Civil Appeals (Repealed)
Rule 11. Transmission of Record (Repealed)
Rule 12. Docketing the Appeal and Fees; Proceedings in Forma Pauperis; Filing of the Record
Rules 13 to 20. No Colorado Rules

ORIGINAL JURISDICTION

Rule 21. Procedure in Original Proceedings
Rule 21.1. Certification of Questions of Law
Rules 22 and 23. No Colorado Rules
Rule 24. Proceedings in Forma Pauperis

GENERAL PROVISIONS

Rule 25. Filing and Service
Rule 26. Computation and Extension of Time
Rule 27. Motions
Rule 28. Briefs
Rule 28.1 Briefs in Cases Involving Cross-Appeals
Rule 29. Brief of an Amicus Curiae
Rule 30. E-Filing
Rule 31. Serving and Filing Briefs
Rule 32. Form of Briefs and Appellate Documents
Rule 33. Prehearing Conference (Repealed)
Rule 34. Oral Argument
Rule 35. Determination of Appeal
Rule 36. Entry and Service of Judgment
Rule 37. Interest on Judgments
Rule 38. Sanctions
Rule 39. Costs
Rule 39.1. Attorney Fees on Appeal
Rule 40. Petition for Rehearing
Rule 41. Mandate
Rule 41.1. Stay or Recall of Mandate (Deleted and Relocated)
Rule 42. Voluntary Dismissal
Rule 43. Substitution of Parties
Rule 44. Cases Involving a Constitutional Question When the State of Colorado is Not a Party
Rule 44.1. Cases Involving Public Utilities Laws or the Public Utilities Commission When the Commission is Not a Party
Rule 45. Duties of Clerk of Appellate Court
Rule 46. Review of Workers' Compensation Decisions of the Industrial Claim Appeals Panel by the Court of Appeals (Repealed)
Rule 46.1. Time for Petitioning (Repealed)
Rule 46.2. Review on Certiorari to the Court of Appeals — How Sought (Repealed)
Rule 46.3. The Petition for Certiorari (Repealed)
Rule 46.4. Order Granting or Denying Certiorari (Repealed)
Rule 46.5. Briefs — In General (Repealed)
Rule 46.6. Oral Argument (Repealed)
Rule 46.7. Further Review (Repealed)
Rules 47 and 48. No Colorado Rules

JURISDICTION ON WRIT OF CERTIORARI

Rule 49. Considerations Governing Review on Certiorari
Rule 50. Certiorari to the Court of Appeals Before Judgment
Rule 51. Review on Certiorari — How Sought
Rule 51.1. Exhaustion of State Remedies Requirement in Criminal Cases
Rule 52. Review on Certiorari — Time for Petitioning
Rule 53. Petition for Writ of Certiorari and Cross-Petition for Writ of Certiorari
Rule 54. Order Granting or Denying Certiorari
Rule 55. Stay Pending Review on Certiorari
Rule 56. Extension of Time
Rule 57. Briefs — In General
Rule 58. Citation

COLORADO APPELLATE RULES

Cross references: For the supreme court, see article 2 of title 13, C.R.S.; for the court of appeals, see article 4 of title 13, C.R.S.

APPLICABILITY OF RULES

1. These rules of appellate procedure are intended to embrace appeals of both criminal and civil matters. The appeal replaces the writ of error.

2. Rules 1 through 48, except where specifically noted otherwise, apply to appeals to either the supreme court or to the court of appeals. Whenever "appellate court" is used it refers to either court. Whenever in these rules the supreme court or court of appeals is referred to specifically the rule shall apply to procedure in that court and no other, e.g., C.A.R. 4.1.

3. As near as practicable these rules are patterned on the Federal Rules of Appellate Procedure for the United States Courts of Appeal as of July 1, 1968. However, several of the rules peculiarly apply to procedure in the state practice.

4. Procedure for invoking original jurisdiction of and for remedial writs in the supreme court are embraced in Rule 21 and 21.1. Certiorari proceedings to the supreme court from the court of appeals or from the district court when applicable are embraced in Rules 49 through 57.

ANNOTATION

Law reviews. For article, "Colorado Appellate Rule Changes: A Commentary", see 12 Colo. Law. 1927 (1983).

Colorado appellate rules are patterned directly on the federal rules of appellate procedure. Almarez v. Carpenter, 347 F. Supp. 597 (D. Colo. 1972).

Rule-making authority of supreme court. The supreme court has authority to adopt rules for the regulation of the business of the courts and the procedure to be followed by litigants in doing that business. Nonetheless, absent constitutional authority, the supreme court cannot adopt a rule which changes jurisdiction of a court contrary to a provision of a statute. Bill Dreiling Motor Co. v. Court of Appeals, 171 Colo. 448, 468 P.2d 37 (1970).

Appellate rules do not apply when appealing a county court judgment to a district court. While the case may be an appeal from the county court, the district court is not an appellate court. Mercantile Adjustment Bureau v. Flood, 2012 CO 38, 278 P.3d 348.

Rule 1. Scope of Rules

(a) Matters Reviewable. An appeal to the appellate court may be taken from:

(1) A final judgment of any district, probate, or juvenile court in all actions or special proceedings whether governed by these rules or by the statutes;

(2) A judgment and decree, or any portion thereof, in a proceeding concerning water rights; and an order refusing, granting, modifying, cancelling, affirming or continuing in whole or in part a conditional water right, or a determination that reasonable diligence or progress has or has not been shown in an enterprise granted a conditional water right;

(3) An order granting or denying a temporary injunction;

(4) An order appointing or denying the appointment of, or sustaining or overruling a motion to discharge, a receiver.

(b) Limitation on Taking Appeals. The taking of appeals shall be in accordance with these rules except for special proceedings in which a different time period is set by statute for the taking of an appeal.

(c) Appeal Substitute for Writs of Error. Matters designated by statute to be reviewable by writ of error shall be reviewed on appeal as herein provided.

(d) Ground for Reversal, etc. Briefs filed pursuant to C.A.R. 28(a) shall state clearly and briefly the grounds upon which the party relies in seeking a reversal or modification of the judgment or the correction of adverse findings, orders, or rulings of the trial court. The party will be limited to the grounds so stated although the court may in its discretion notice any error appearing of record. When an appeal has been taken, it shall not be dismissed upon motion of an appellant without notice to all interested parties whose appearances have been entered in the appellate court, and order of the court permitting such dismissal; if dismissal is objected to by any such interested party, the party may, in the court's discretion, seek reversal, modification, or correction of the judgment.

(e) Review of Water Matters. The notice of appeal (see C.A.R. 4) for review of the whole or any part of a judgment and decree or order as defined in subsection (a)(2) of this Rule shall designate as appellant the party or parties filing the notice of appeal and as appellee all other parties whose rights may be affected by the appeal and who in the trial court entered an appearance, by application, protest, or in any other authorized manner. If not an appellant, the division engineer shall be an appellee; provided that upon application, a dismissal may be entered as to the division engineer in the absence of objection made by any party to the appeal within 14 days from the mailing to such party of such application. The notice of appeal shall describe the water rights with sufficient particularity to apprise each appellee of the issues sought to be reviewed. The notice of appeal shall otherwise comply with the requirements of C.A.R. 3(d).

Source: Entire rule amended and effective June 23, 2014.

Cross references: As to time limit for filing of notice of appeal and extension of such time, see C.A.R. 4; for time period for transmission of record, see C.A.R. 10; for requirements and contents of briefs, see C.A.R. 28; for enlargement of time limits in general, see C.R.C.P. 6(b); for provision that party claiming error must move for new trial, see C.R.C.P. 59; for provision exempting special proceedings from the rules of civil procedure, see C.R.C.P. 81; for statutory provisions for review of judgments in criminal cases, see §§ 16-12-101 through 16-12-103, C.R.S.

ANNOTATION

I. General Consideration.
II. Matters Reviewable.
A. In General.
B. Final Judgment.
C. Review of Water Matters.
III. Grounds for Reversal.

I. GENERAL CONSIDERATION.

Law reviews. For article, "Necessity for Writs of Error and Motions for New Trial for a Review in Colorado", see 2 Rocky Mt. L. Rev. 99 (1930). For article, "The Grounds for Reversal of Criminal Cases in Colorado, 1864 to 1948", see 22 Rocky Mtn. L. Rev. 117 (1950). For note, "Colorado Appellate Procedure", see 40 U. Colo. L. Rev 551 (1968). For article, "Preserving Issues for Appeal", discussing the requirement of an offer of proof, see 20 Colo. Law. 879 (1991). For article, "Perfecting Appeals to the Colorado Court of Appeals", see 21 Colo. Law. 2385 (1992). For article, "There is Still a Chance: Raising Unpreserved...