Colorado Municipal Court Rules of Procedure: Speedy Trial and Appeals

The Colorado Municipal Court Rules of Procedure govern every ordinance-violation case filed in a Colorado municipal court, setting a uniform, streamlined process for arraignment, discovery, trial, sentencing, and appeal. The Colorado Supreme Court adopted the C.M.C.R. so defendants encounter the same core procedure whether they appear in a home-rule city or a small statutory town. Where a specific rule is silent, courts may borrow from the Colorado Rules of Criminal Procedure, the Colorado Rules of Civil Procedure, and other Supreme Court directives.¹

One thing to know before anything else: municipal courts come in two flavors, and which one you are in changes almost everything that follows.

Court of Record or Not

A court of record keeps an official audio or transcribed record of its hearings, and the judge is a licensed attorney. A court not of record may not keep a transcript, and the judge need not hold a law degree.² The distinction sets your maximum penalty and controls how any appeal works.

In a court of record, the maximum penalty is up to 364 days in jail and a fine of up to $2,650, with the fine ceiling adjusted for inflation each January. In a court not of record, the ceiling drops to 90 days in jail and a $300 fine.³ Whatever the statute allows, the judge still cannot exceed the sentence or fine set by the ordinance you were charged under. A judge may also suspend all or part of a sentence and place a defendant on probation for up to one year.

Getting a Lawyer

If you are in custody and the charge carries possible jail time, the court must appoint counsel at your first appearance unless you knowingly waive the right. That appointment lasts as long as you remain in custody.⁴ If you are released, you can still apply. The court will appoint an attorney if it finds you indigent and the charge includes possible incarceration.

Represent yourself and you are held to the same procedural standards as a licensed lawyer. The rules do not extend deadlines or relax requirements for pro se defendants, which is why the steps below matter.

Arraignment

Arraignment is the first formal hearing, governed by Rule 210. It happens at your first appearance, and you can appear in person or through an attorney. The judge explains the charges, the possible penalties, and your rights. You then plead guilty, not guilty, or no contest. A guilty or no-contest plea moves the case to sentencing; a not-guilty plea sets it toward trial.

An attorney can often file an Entry of Appearance before the arraignment date and, in some courts, skip the arraignment entirely and move directly to scheduling. If you are representing yourself, filing an Entry of Appearance still identifies you to the court and prosecutor as the point of contact.

Rule 210 permits a continuance at arraignment to allow the defendant to seek an attorney, decide on a plea, or for other sufficient reasons. There is no single dedicated C.M.C.R. rule covering continuances generally; the practice is to file a written motion before the scheduled hearing, and the judge evaluates it for good cause. Delays you request will count against you on the speedy-trial clock.

Discovery and Subpoenas

Rule 216 lets the defense obtain evidence held by the prosecution. You submit a written discovery request, and the deadlines are firm.⁵

Within 21 days of receiving your written request, the prosecutor must provide police reports, witness statements, video recordings, physical evidence, and any recorded statements you made.
Criminal history for prosecution witnesses is on a separate track: you must request it at least 21 days before trial, and the prosecution must deliver at least 14 days before trial.
All remaining discovery must be provided at least 14 days before trial.
Any disclosure made after these deadlines requires the prosecution to show good cause.

The available material includes police and arrest reports, witness statements, body-worn and dashboard camera footage, photographs, physical evidence, and a witness list.

Rule 217 handles subpoenas. A subpoena can be issued by the court, the clerk, or an attorney who has entered an appearance. It must identify the court and case and command the witness to attend at a specific time and place. If you also need the witness to bring records or physical items, a separate court order (obtainable without notice to the other side) authorizes that. Service can be made by any peace officer or by any non-party at least 18 years old, and the witness can sign a written waiver of personal service. Ignoring a properly served subpoena without a valid excuse can be treated as contempt.

The 91-Day Speedy Trial Rule

Rule 248 sets a hard deadline. If your trial has not started within 91 days of arraignment, the court must dismiss the case and you cannot be retried for the same offense.⁶ One narrow exception: if a trial is set within the last seven days of that window and a genuine need for a continuance arises, the court can grant one extension of up to 28 additional days. If trial still does not begin within that extension, dismissal is mandatory.

Two things trip defendants up. Delays you request pause the clock, so a string of your own continuances can eat the deadline entirely. And you must raise the speedy-trial issue before trial begins or before entering a guilty plea. Fail to assert it, and you waive it.

Trial

The prosecution goes first, calling officers and civilian witnesses and offering physical or video evidence. The defense cross-examines each prosecution witness. When the prosecution rests, the defense may present its own case, and the prosecution can cross-examine defense witnesses. Both sides then deliver closing arguments.

Under Rule 229, either side can ask the judge to enter an acquittal if the evidence is insufficient to support a conviction. That motion can be raised after the prosecution rests or after all evidence has been presented. If denied, the trial continues to verdict.

Bench trial is the default. A jury trial requires you to follow the specific procedures to demand one, and skipping those procedures waives the right. If a jury matters to you, raise it early.

After a Conviction

The C.M.C.R. do not offer a traditional motion for a new trial. Rule 235 provides three post-trial options instead:

Correction of an illegal sentence. No deadline; the court can correct an illegal sentence at any time.
Reduction of sentence. You have 91 days after sentencing, or 91 days after an appellate court affirms your conviction or denies review. The judge can also reduce a sentence on the judge’s own initiative during that window.
Post-conviction review. If your conviction or sentence violated federal or state constitutional rights, Colorado law, or the municipality’s own charter or ordinances, you can move for review within six months of the conviction. A court may consider a late filing on a showing of good cause.

Post-conviction review is the closest thing to a new-trial motion, but it is narrower: you need to identify a specific legal or constitutional violation, not just argue the judge weighed the evidence wrong. The 91-day sentence-reduction window gives the judge broader discretion to revisit whether the punishment fit the offense.

Appeals

Rule 237 routes appeals based on which type of municipal court heard the case.⁷

From a Court Not of Record

File the notice of appeal with the municipal court within 14 days of the order.² The case goes to the county court where the municipal court sits, and you get an entirely new trial (de novo): new testimony, new evidence, fresh decision.⁸

From a Court of Record

File the notice of appeal within 35 days of the order. The case goes to the district court, which does not hold a new trial. The district judge reviews the municipal court’s record and decides whether a legal error occurred.

Bonds and Practical Points

As a condition of staying execution of the sentence during appeal, you may be required to post an appeal bond or deposit the fines and costs. The bond amount is typically set by the municipal judge who heard the case. Missing the 14-day or 35-day deadline is fatal to the appeal, so calendar it carefully depending on court type. And note the asymmetry: the municipality generally cannot appeal an acquittal from a court not of record, though it can appeal legal questions from a court of record.⁸

1
Colorado Municipal Courts. CMCR 201 – Scope and Application
2
Colorado Judicial Branch. Municipal or City Court Appeals
3
Justia Law. Colorado Code 13-10-113 – Penalties
4
Colorado General Assembly. HB16-1309 Right To Counsel In Municipal Court
5
Colorado Municipal Courts. CMCR 216 – Discovery and Procedure Before Trial
6
Colorado Municipal Courts. CMCR Rule 248 – Dismissal
7
Colorado Judicial Branch. Municipal Court Rules of Procedure Committee – CMCR Rule 237
8
Justia Law. Colorado Code 13-10-116 – Appeals