What is The Appeals Process in Colorado?
When a civil case goes to court in Colorado, the judgment entered by the court can be appealed. An appeal does not mean a retrial or a new trial but, instead, addresses alleged errors in the procedures employed in the original trial or in the judge’s or jury’s interpretation or application of the relevant laws. Appeals are complex legal matters that make working closely with a dedicated Colorado appellate law attorney – who has extensive experience successfully arguing cases in the state’s appellate courts – well advised.
The Basic Steps Forward
While every appeal follows its own unique path forward, understanding the basic steps in the process can help.
Notice of Appeal
The notice of appeal must be filed within 49 days of the district court’s judgment, order, or decree being filed. This notice transfers jurisdiction in the case from the district court to the court of appeals and begins the appeal process. A range of detailed case information must be included, which allows the court of appeals to make early assessments in the matter.
Transcript Designation
Within a week of filing the notice of appeal, you – as the appellant – will need to file a designation of transcripts with the trial court and will need to file an advisory copy with the appellate court.
Record Certification
Within 63 days of filing the notice of appeal, the record on appeal must be transmitted to the appellate court.
Opening and Subsequent Briefs
Within 42 days of filing the record on appeal, you must serve and file your opening brief. From here, the appellee – or the other party involved – has 35 days to respond with an answer brief. At this point, you have 21 days to serve and file a reply brief.
Oral Argument
Any request for oral argument must be filed within seven days of the above briefs being closed. Whether an oral argument is granted or denied or is ordered by the court is a matter of the court’s discretion.
Petition of Rehearing
Unless the timeline is addressed otherwise, a petition for a case’s rehearing after appeal must be filed within 14 days of the appeal court’s judgment.
Petition for Certiorari
A petition for certiorari is an argument for an appellate court to review a lower court’s incorrect finding on an important matter of law that should be addressed in order to prevent further errors in similar cases.
Entry of the Mandate
The appeals court must enter its mandate no fewer than 42 days after entering judgment in order to allow the time necessary for a petition – such as a petition of rehearing or a petition for certiorari – to be filed with the Colorado Supreme Court.
Discuss Your Concerns with an Experienced Colorado Appellate Law Attorney Today
If you are facing a legal concern that involves an appeal, the matter is too serious to leave to chance. The focused appellate law attorneys at Brown Dunning Walker Fein Drusch PC have a wealth of experience smoothly navigating the appeals process in defense of their client’s legal rights and in focused pursuit of optimal outcomes. Deadlines for filing appeals are strictly enforced, and begin to run immediately upon entry of a final judgment in the trial court. To learn more about what we can do to help you, please don’t put off reaching out and contacting us online or calling us at 303-329-3363 for more information today.