The Colorado Appellate Rules, cited as C.A.R., govern every appeal filed in the Colorado Court of Appeals and the Colorado Supreme Court. The deadline that matters most is 49 days: that is how long you have after entry of a final judgment to file a notice of appeal in most civil and criminal cases. Miss it, and your right to appeal is gone unless you can prove excusable neglect. The rules also control how you designate the record, what your briefs must contain, when oral argument happens, and how the court’s decision becomes enforceable through the mandate.
The 49-Day Deadline to File a Notice of Appeal
C.A.R. 4 requires you to file the notice of appeal within 49 days after the trial court enters the judgment or order you want to challenge. The deadline applies to civil cases, criminal defense appeals, and prosecution appeals alike.1Westlaw. Colorado Appellate Rule 4 – Appeal as of Right, When Taken In criminal cases, if the defendant files a post-trial motion for a new trial, acquittal, or arrest of judgment, the 49-day clock restarts from the date the court denies that motion.
If you miss the deadline, the appellate court can grant an extension of up to 35 additional days, but only if you demonstrate excusable neglect. That is a high bar. Forgetting the date or miscalculating rarely qualifies. The court can grant the extension with or without a formal motion, but waiting is a losing strategy. Treat the 49-day window as a hard wall.
What You Can Appeal
Colorado appellate courts generally have jurisdiction only over final judgments. Under C.R.S. section 13-4-102, the Court of Appeals hears appeals from final judgments issued by district courts, Denver Probate Court, and Denver Juvenile Court. Cases involving constitutional challenges to statutes, public utilities commission decisions, water adjudications, and habeas corpus proceedings go directly to the Supreme Court.2Justia Law. Colorado Revised Statutes Title 13, Article 4, Section 13-4-102
A judgment is final when the trial court has resolved every claim between every party and nothing remains except executing the decision. When some claims are resolved but others are still pending, the unresolved portions normally block any appeal. The trial court can change that by certifying its partial ruling for immediate appeal under C.R.C.P. 54(b), after finding there is no just reason to delay.3Colorado Judicial Branch. Musick v. Woznicki – Trial Court Jurisdiction After Appeal of Nonfinal Judgments Without that certification, an early filing will be dismissed.
Interlocutory Appeals
C.A.R. 4.2 offers a narrow path for appealing non-final orders. The trial court must first certify the order in writing, and that certification requires two findings: the order involves a controlling and unsettled question of law, and an immediate appeal would either materially change the relief available or promote a more orderly resolution of the case. Once the trial court certifies, you have 14 days to file a petition for interlocutory appeal with the appellate court, and the opposing party has 14 days to respond.4Colorado Judicial Branch. Colorado Appellate Rules – Rule 4.2
The appellate court has full discretion to grant or deny the petition. Filing does not automatically stop proceedings below. If you need the trial court to pause, request a stay separately from either court.
Who Has Standing
Only a party of record who suffered a concrete injury from the trial court’s decision can appeal. A party who won on every issue has no basis to appeal, even if the court’s reasoning was unfavorable on a subsidiary point.
Filing the Notice of Appeal
Under C.A.R. 3, the notice of appeal identifies the parties, designates the specific judgment or order being challenged, and names the appellate court. Official forms are available through the Colorado Judicial Branch website or the clerk’s office in your local district courthouse. Check every detail against the trial court docket before filing.
Licensed attorneys file through the Colorado Courts E-Filing system. Self-represented parties may file by mail or in person at the appellate clerk’s office.5Colorado Judicial Branch. E-Filing Under C.A.R. 25, you must serve copies of every filing on every other party and include proof of service.
Filing Fees and Waivers
Opening an appeal in the Court of Appeals costs $253 for the appellant and $178 for the respondent. On a petition for certiorari to the Supreme Court, the petitioner pays $225 and the respondent pays $115. Direct appeals to the Supreme Court carry a $150 fee for the appellant and $75 for the respondent.6Colorado Judicial Branch. List of Fees
Under C.R.S. section 13-16-103, any court may permit a person to proceed without paying costs if the judge is satisfied the person is too poor to pay. You will need to file a motion and demonstrate your financial situation. The court’s discretion generally turns on whether you actually lack resources, so long as the claim is not frivolous or brought in bad faith.7Justia Law. Colorado Revised Statutes Title 13, Article 16, Section 13-16-103
Building the Record
The appellate court does not hold a new trial. It reviews only what happened below, which means the record you designate is the universe of evidence the judges will consider. C.A.R. 10 requires you to identify exactly which exhibits, pleadings, and court orders should be included.8Colorado Judicial Branch. JDF 1934 i – Record on Appeal Instructions Leave something out, and you may lose the ability to argue about it.
Trial transcripts are a separate but essential piece. You request them from the court reporter and pay a deposit to begin production. Per-page rates vary, and costs add up quickly in lengthy trials. If your issue turns on what a witness said or how the judge ruled from the bench, you need the transcript. If the record is incomplete, the appellate court will presume the trial court acted correctly.
Stopping Enforcement While You Appeal
Filing an appeal does not automatically stop enforcement of the trial court’s judgment. If the other side won a money judgment, collection can begin while your appeal is pending. To pause enforcement, file a motion for a stay of action in the district court under C.A.R. 8 and C.R.C.P. 62(d).9Judicial Legal Help Center. Step 1 – Decide Whether to Appeal and Prepare to File
The court will require a supersedeas bond before the stay takes effect. The bond amount is typically set at 125% of the judgment to cover the original amount plus interest and costs that accrue during the appeal. If the district court denies your stay request, you can ask the Court of Appeals to grant one, but attach the district court’s denial order to your motion.9Judicial Legal Help Center. Step 1 – Decide Whether to Appeal and Prepare to File
Standards of Review
Which standard applies to your issue determines how much deference the appellate court gives the trial judge. Picking the wrong one in your brief signals that you do not understand your own case. Colorado uses three primary standards:
- De novo review means the appellate court starts fresh and owes no deference to the trial court’s conclusion. It applies to pure questions of law, such as interpreting a statute, ruling on a motion to dismiss, or deciding summary judgment on legal issues. For appellants, this is the most favorable standard.
- Clear error review means the appellate court defers to the trial court’s factual findings and overturns them only when the record leaves the judges with a firm conviction that a mistake was made. It applies to findings of fact from bench trials, credibility determinations, and factual findings underlying rulings on motions to suppress. Reversals are rare, especially when the trial judge observed live testimony.
- Abuse of discretion review asks whether the trial judge’s ruling was arbitrary, capricious, or based on a misunderstanding of the law. It covers discovery disputes, continuances, evidentiary rulings, and other areas where the trial court exercises judgment. A ruling can be wrong without being an abuse of discretion; the question is whether it fell outside the range of reasonable choices.
Many appellate issues involve mixed questions of law and fact. Colorado courts review the underlying factual findings for clear error and the legal conclusions de novo. C.A.R. 28 requires every section of your brief to identify which standard applies to each issue.
Briefing Requirements and Word Limits
C.A.R. 28 controls both the structure and the substance of appellate briefs. An opening brief must contain, in order: a certificate of compliance, a table of contents, a table of authorities, a statement of the issues, a combined statement of the case covering facts and procedural history, a summary of the argument, the argument itself (with the standard of review and preservation information for each issue), a conclusion stating the specific relief you want, and any request for attorney fees.10Colorado Judicial Branch. Colorado Appellate Rules – Rule 28
Opening and answer briefs are capped at 9,500 words under C.A.R. 28(g). Reply briefs are limited to 5,700 words. Headings, footnotes, and quotations count toward those limits; the caption, tables, certificate of compliance, certificate of service, and signature block do not. Self-represented parties who lack access to word processing may instead file typewritten or handwritten briefs of up to 30 double-spaced pages for principal briefs or 18 pages for reply briefs.10Colorado Judicial Branch. Colorado Appellate Rules – Rule 28
C.A.R. 32 sets formatting rules for font, spacing, and margins. Every brief must include a certificate of compliance confirming it meets those requirements. The clerk will reject a brief that does not comply, and you will get a short window to fix and refile.
Cross-Appeals
When both sides are unhappy with parts of the trial court’s decision, the appellee can file a cross-appeal under C.A.R. 28.1. The party who files first is designated the appellant. The cross-appellant files a combined opening-answer brief that both raises its own issues and responds to the original appeal in a single document, subject to the same 9,500-word limit. The original appellant then files an answer-reply brief responding to the cross-appeal and may reply to the answer portion. A final reply brief from the cross-appellant is limited to 5,700 words and must address only issues raised in the cross-appeal.11Colorado Judicial Branch. Colorado Appellate Rules – Rule 28.1
Amicus Briefs
Non-parties who want to weigh in may file an amicus curiae brief, but only with the court’s permission or at the court’s request under C.A.R. 29. The motion for leave must explain the filer’s interest in the case and why the brief would help the court. The brief itself is limited to half the maximum length of a party’s principal brief, so 4,750 words. An amicus may participate in oral argument only for extraordinary reasons and must share the supported party’s allotted time.12Colorado Judicial Branch. Colorado Appellate Rules – Rule 29
Oral Argument
Oral argument in the Court of Appeals is not automatic. Under C.A.R. 34, a party must request it in writing within ten days after briefing closes. The court can also order argument on its own. Unless the court directs otherwise, each side gets 15 minutes. You can request more time within the same ten-day window, but the court will grant it only for good cause and can cut argument short at any point.13Colorado Judicial Branch. Colorado Appellate Rules – Rule 34
The Court’s Decision and What Follows
Under C.A.R. 35, the appellate court can dismiss an appeal, affirm the trial court, or vacate, modify, reverse, or remand any portion of the lower court’s ruling. The court may dismiss or affirm without a written opinion, but it must issue one when it vacates, modifies, reverses, sets aside, or remands.14Colorado Judicial Branch. Colorado Appellate Rules – Rule 35 The decision does not take immediate effect. It becomes enforceable only when the mandate issues.
Petition for Rehearing
If you believe the court overlooked or misunderstood a point of law or fact, you may file a petition for rehearing within 14 days after entry of the judgment under C.A.R. 40. The petition must identify each specific point the court missed and include a supporting argument. It cannot exceed 1,900 words. No oral argument is allowed, and the court generally will not request a response from the opposing party unless the petition warrants one.15Colorado Judicial Branch. Colorado Appellate Rules – Rule 40 In Supreme Court proceedings, a petition for rehearing is available only after an opinion is issued, not after a summary order affirming or denying certiorari.
Certiorari to the Colorado Supreme Court
A party who loses in the Court of Appeals can petition the Colorado Supreme Court for discretionary review under C.A.R. 49. The Supreme Court is not obligated to hear the case and generally does not grant review solely to correct legal errors that affect only the parties involved.16Colorado Judicial Branch. Supreme Court Protocols Cases that raise issues of statewide importance, present conflicts between Court of Appeals divisions, or involve significant constitutional questions have the strongest chance of being accepted.
The Mandate
The mandate is the formal order that returns jurisdiction to the trial court and makes the appellate decision effective. Under C.A.R. 41, the mandate issues automatically after the time for filing a petition for rehearing or certiorari expires. In the Court of Appeals, it typically issues 42 days after the opinion. In the Supreme Court, the timeline is 14 days. Filing a petition for rehearing or a motion to stay the mandate delays issuance until the court rules. Once the mandate issues, the trial court takes responsibility for carrying out the decision.
Counting Days Under C.A.R. 26
C.A.R. 26 controls how you count every deadline in the appellate rules. Exclude the day of the event that triggers the deadline. For periods shorter than 11 days, also exclude intermediate Saturdays, Sundays, and legal holidays. If the last day of any period falls on a Saturday, Sunday, or legal holiday, the deadline extends to the end of the next business day.17Colorado Judicial Branch. Colorado Appellate Rules – Rule 26
Getting this calculation wrong is one of the most preventable mistakes in appellate practice. With a 49-day appeal deadline, the intermediate-day exclusion for short periods does not apply, but the weekend-and-holiday rule for the final day still does. If day 49 lands on a Saturday, you have until the following Monday. When in doubt, file early.