Colorado Notice of Appeal to the Court of Appeals

NOTICE OF APPEAL

Colorado Court of Appeals

1. COURT CAPTION

COLORADO COURT OF APPEALS
____________________________________________

Court of Appeals Case No. ________________

District Court, [________________________________] County, Colorado
Court Address: [________________________________]
              [________________________________]

Trial Court Case Number: [________________________________]
Division/Courtroom: [________________________________]

Honorable [________________________________], Judge

____________________________________________

[________________________________],
          [Plaintiff/Petitioner]-[Appellant/Appellee],

     v.                                                         NOTICE OF APPEAL

[________________________________],
          [Defendant/Respondent]-[Appellant/Appellee].

____________________________________________

Attorney or Party Without Attorney:
[________________________________] (Reg. No. [________])
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], Colorado [________]
Phone: [________________________________]
Fax:   [________________________________]
Email: [________________________________]

Attorney for [☐ Appellant / ☐ Cross-Appellant]
[________________________________] (Client Name)

2. NOTICE OF APPEAL

Pursuant to Colorado Appellate Rule 3 and C.R.S. § 13-4-102, [________________________________] ("Appellant"), the [☐ Plaintiff / ☐ Defendant / ☐ Petitioner / ☐ Respondent / ☐ Intervenor] in the above-captioned matter, hereby appeals to the Colorado Court of Appeals from the:

☐ Final Judgment
☐ Final Order
☐ Final Decree
☐ Permanent Injunction (C.A.R. 1(a)(3))
☐ Interlocutory Order (by permission under C.A.R. 4.1 or C.A.R. 5)
☐ Order Certifying or Refusing to Certify a Class (C.R.C.P. 23(f))
☐ Other Appealable Order: [________________________________]

entered on [__/__/____] by the Honorable [________________________________], Judge of the District Court, [________________________________] County, Colorado.

Description of Judgment or Order Appealed From:

[________________________________]
[________________________________]
[________________________________]

3. BASIS FOR APPELLATE JURISDICTION

This appeal is authorized by the following:

☐ C.A.R. 1(a)(1) — Final judgment of a district court in a civil case
☐ C.A.R. 1(a)(2) — Order granting or denying motion for new trial
☐ C.A.R. 1(a)(3) — Interlocutory order granting, continuing, modifying, refusing, or dissolving an injunction or refusing to modify or dissolve an injunction
☐ C.A.R. 1(a)(4) — Order appointing a receiver or refusing to wind up a receivership
☐ C.A.R. 1(a)(5) — Final judgment of a county court in a civil case (C.R.S. § 13-6-310)
☐ C.A.R. 4.1 — Interlocutory appeal by permission
☐ C.A.R. 5 — Discretionary appeal (certification by trial court)
☐ Other: [________________________________]

Note on Supreme Court Jurisdiction: Certain categories of cases are appealed directly to the Colorado Supreme Court, including water law cases (C.R.S. § 13-4-102(1)(e)), cases involving the constitutionality of a statute (under certain circumstances), and cases transferred by the Court of Appeals. Verify the correct appellate court before filing.

4. TIMELINESS OF APPEAL (C.A.R. 4)

Post-Judgment Motions Tolling the Appeal Period

Under C.A.R. 4(a), a timely post-trial motion may change the notice-of-appeal deadline. Identify every potentially deadline-affecting motion and verify its effect under the current rule:

☐ Timely post-trial motion filed — Rule: [________]; Filed [__/__/____]; Decided [__/__/____]
☐ No deadline-affecting post-trial motion was filed

Deadline Calculation: Under C.A.R. 4(a), the notice of appeal must be filed with the appellate court within 49 days of the date of the entry of the judgment, decree, or order appealed from. The notice must also be served on (advisory copy to) the clerk of the trial court.

Important: Filing is complete only when the Court of Appeals receives the notice of appeal. Mailing or postmarking by the deadline is NOT sufficient — the document must be received by the court by the deadline.

Cross-Appeal (C.A.R. 4(c)): A notice of cross-appeal must be filed within the time prescribed by C.A.R. 4(a) or within 14 days after the date on which the first notice of appeal was filed, whichever is later.

5. DESIGNATION OF PARTIES ON APPEAL

6. ISSUES TO BE RAISED ON APPEAL

Appellant anticipates raising the following issues on appeal. This list is preliminary and may be supplemented in the opening brief:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

7. TRANSCRIPTS AND RECORD ON APPEAL (C.A.R. 10)

If a transcript is needed, the current Judicial Branch instructions direct the appellant to file JDF 1912 — Designation of Transcripts within 7 days after filing the Notice of Appeal, in both the District Court and Court of Appeals cases. Verify the current C.A.R. 10 requirements and forms for the particular appeal.

A. Designation of Transcript

Appellant designates the following portions of the trial proceedings for transcription:

Transcript Request and Payment: Submit the current Judicial Branch transcript-request form to the District Court. The transcriptionist will arrange payment; transcript costs are not waived by an indigency order.

B. Designation of Documents

Appellant designates the following trial court documents for inclusion in the record:

☐ All pleadings and motions
☐ Trial court orders and rulings
☐ Exhibits admitted at trial
☐ Deposition transcripts used at trial
☐ Other: [________________________________]

C. Agreed Statement or Statement of Evidence (C.A.R. 10(d))

☐ Appellant requests use of an agreed statement of the case under C.A.R. 10(d)
☐ Appellant requests use of a statement of the evidence or proceedings under C.A.R. 10(c) (where no transcript is available)
☐ Not applicable — full transcripts and record are being designated

D. Transmission of Record (C.A.R. 11)

The record on appeal must be transmitted to the Court of Appeals within 63 days (9 weeks) after the filing of the notice of appeal unless extended or shortened by order of the appellate court.

8. STAY PENDING APPEAL AND SUPERSEDEAS BOND (C.A.R. 8)

Appellant [☐ has obtained / ☐ has not obtained / ☐ will seek] a stay of the judgment or order pending appeal.

Stay Application

☐ Appellant has obtained a stay from the trial court under C.A.R. 8(a)
☐ Appellant will apply to the Court of Appeals for a stay under C.A.R. 8(a)
☐ Appellant has posted a supersedeas bond in the amount of $[________________________________]
☐ No stay is being sought at this time

Supersedeas Bond Requirements (C.A.R. 8(b))

Where a stay of enforcement of a money judgment is sought, the appellant must post a supersedeas bond. The bond is typically set at 125% of the judgment amount to cover the judgment, interest, costs, and damages for delay. The bond must be approved by the trial court.

Injunctive Orders: Under C.A.R. 8(c), the trial court retains the power to suspend, modify, restore, or grant an injunction during the pendency of an appeal upon such terms as to bond or otherwise as it considers proper.

No Automatic Stay: In civil cases, the filing of a notice of appeal does not automatically stay enforcement of the judgment. A stay must be affirmatively sought and granted.

9. COST BOND (C.A.R. 7 — Repealed)

Note: C.A.R. 7, which formerly required a bond for costs on appeal, has been repealed. No cost bond is required for filing a civil appeal in Colorado.

10. FILING FEE

Appellant certifies the following regarding the appellate filing fee:

☐ The required filing fee of $253.00 has been paid to the Court of Appeals
☐ The filing fee has been waived by order of the District Court (fee waiver order attached)
☐ Application for waiver of filing fee has been submitted

Note: The filing fee must accompany the notice of appeal. The Court of Appeals will not accept the notice of appeal without the fee or a fee waiver order.

11. E-FILING VIA ICCES (INTEGRATED COLORADO COURTS E-FILING SYSTEM)

☐ This Notice of Appeal is being filed electronically through the ICCES (Integrated Colorado Courts E-Filing System)
☐ This Notice of Appeal is being filed in paper form

Note: E-filing through ICCES is required for attorneys in most Colorado courts. Self-represented parties may file in paper. The notice of appeal must be filed with the Court of Appeals, with an advisory copy served on the trial court clerk.

12. RELIEF REQUESTED

Appellant respectfully requests that the Colorado Court of Appeals:

☐ Reverse the judgment/order appealed from
☐ Modify the judgment/order as follows: [________________________________]
☐ Vacate the judgment/order and remand for further proceedings
☐ Remand with specific instructions: [________________________________]
☐ Award costs on appeal under C.A.R. 39
☐ Grant such other relief as the Court deems just and proper

13. SIGNATURE

DATED: [__/__/____]

                                        Respectfully submitted,

                                        [________________________________]
                                        (Firm Name)


                                        By: _________________________________________
                                            [________________________________]
                                            Attorney for Appellant
                                            Registration No. [________]
                                            [________________________________] (Address)
                                            [________________________________]
                                            Telephone: [________________________________]
                                            Email: [________________________________]

14. CERTIFICATE OF SERVICE (C.A.R. 25)

I hereby certify that on [__/__/____], a true and correct copy of the foregoing NOTICE OF APPEAL was served upon the following by the method(s) indicated:

Service on Parties

Advisory Copy to Trial Court

☐ Clerk of the District Court, [________________________________] County
[________________________________] (Address)

                                        _________________________________________
                                        [________________________________]
                                        (Signature)

15. CHECKLIST FOR FILING

Before filing this Notice of Appeal, confirm completion of the following:

☐ Notice of Appeal completed with all required information
☐ Filed with the Court of Appeals within 49 days of entry of judgment/order
☐ Advisory copy served on the trial court clerk
☐ Filing fee of $253.00 paid (or fee waiver order obtained)
☐ Served on all parties
☐ If a transcript is needed, JDF 1912 filed in both courts within 7 days of filing the notice of appeal
☐ Current transcript-request form submitted and payment arranged with the transcriptionist
☐ Calendar reminder set for record transmission deadline (63 days after notice of appeal)
☐ Stay/supersedeas bond application filed, if applicable
☐ Calendar reminders set for opening brief deadline (set by court after record transmitted)

PRACTICE TIPS AND COMMON PITFALLS

Deadline Calculation

1. 49-Day Filing Deadline (C.A.R. 4(a)): Colorado provides 49 days (7 weeks) to file the notice of appeal, which is longer than the 30-day period in most states. The period begins from the date of entry of the judgment or order, not from service of notice of entry.

2. Receipt, Not Mailing: The notice of appeal must be received by the Court of Appeals within the 49-day period. Post-marked dates do not count. If mailing, allow sufficient time for delivery. E-filing through ICCES avoids this issue.

3. Post-Trial Motions: A timely post-trial motion may change the appeal deadline. Identify the motion and verify its effect under the current C.A.R. 4 rather than assuming every post-judgment motion tolls the deadline.

4. Extensions Are Not Automatic: JDF 1911 includes a field for an extension granted by the Court of Appeals. Do not rely on an extension unless the court has actually granted it; file within the ordinary deadline whenever possible.

Where to File

5. File with the Court of Appeals: Unlike some states where the notice of appeal is filed with the trial court, in Colorado the notice of appeal is filed directly with the Court of Appeals (or the Supreme Court, if applicable). An advisory copy is served on the trial court clerk.

6. Court of Appeals vs. Supreme Court: Most civil appeals go to the Court of Appeals. Direct appeals to the Supreme Court include water law cases, certain public utility cases, and cases where the Supreme Court accepts a petition for certiorari before judgment under C.A.R. 50.

Record on Appeal

7. 7-Day Transcript-Designation Deadline: If transcripts are needed, current Judicial Branch instructions require JDF 1912 within 7 days after the notice of appeal, filed in both the District Court and Court of Appeals cases.

8. Transcript Request and Payment: Submit the current transcript-request form to the District Court and arrange payment with the transcriptionist. An indigency order does not waive transcript costs.

9. 63-Day Record Transmission: The complete record must be transmitted within 63 days (9 weeks) after the notice of appeal. The appellant should monitor this deadline and coordinate with the trial court clerk and court reporter.

Supersedeas Bond

10. 125% Bond Amount: Supersedeas bonds in Colorado are typically set at 125% of the judgment. This covers the judgment amount plus interest, costs, and damages for delay. The trial court has discretion to set a different amount.

11. C.A.R. 7 Repealed: The former cost bond requirement under C.A.R. 7 has been repealed. There is no separate cost bond required.

Standards of Review in Colorado

12. De Novo: Questions of law, statutory interpretation, constitutional issues, and summary judgment review.
13. Abuse of Discretion: Evidentiary rulings, discovery orders, sanctions, attorney fee awards, and trial management decisions.
14. Clear Error: Findings of fact in a bench trial are reviewed for clear error — they will be set aside only if, although there is evidence to support them, the reviewing court is left with the definite and firm conviction that a mistake has been committed.
15. Sufficiency of the Evidence: Jury verdicts are reviewed for sufficiency of the evidence, with all reasonable inferences drawn in favor of the verdict.
16. Mixed Questions: Mixed questions of law and fact may receive de novo or deferential review depending on whether the legal or factual component predominates.

Common Mistakes

17. Filing with the Trial Court Instead of the Court of Appeals: This is a jurisdictional error. The notice of appeal must be filed with the Court of Appeals.
18. Missing the 49-Day Deadline: A late notice risks dismissal. A party seeking more time must obtain relief from the Court of Appeals and should not assume that a request itself extends the deadline.
19. Mailing Instead of E-Filing Near the Deadline: If mailing, the court must receive the document by the deadline. E-filing through ICCES is recommended to avoid transit delays.
20. Failing to Pay the Filing Fee: The $253.00 fee must accompany the notice of appeal or a fee waiver order must be obtained in advance.
21. Incomplete Designation of Record: Failing to designate necessary portions of the record may limit the issues that can be raised on appeal. Err on the side of over-inclusion.

Rule Change 2025(02)

22. Recent Amendments: Colorado adopted Rule Change 2025(02) affecting the Colorado Appellate Rules. Practitioners should review the most current version of the rules for any changes to procedures, deadlines, or formatting requirements.

SOURCES AND REFERENCES

• Colorado Appellate Rules (C.A.R.): Available through the Colorado Judicial Branch website
• Colorado Judicial Branch — Notice of Appeal Instructions (JDF 1911 I): https://www.coloradojudicial.gov/media/2010
• Colorado Judicial Branch — Notice of Appeal (JDF 1911): https://www.coloradojudicial.gov/media/2021
• Colorado Judicial Branch — Designation of Transcripts Instructions (JDF 1912 I): https://www.coloradojudicial.gov/media/1908
• Colorado Judicial Branch — Appellate Guide for Parties: https://www.coloradojudicial.gov
• C.R.S. § 13-4-102 (Court of Appeals Jurisdiction)
• ICCES E-Filing System: https://www.coloradojudicial.gov/e-filing
• Colorado Judicial Legal Help Center — Step 2: Start the Appeal: https://lawhelp.colorado.gov/step-2-start-the-appeal-1
• Rule Change 2025(02): https://www.coloradojudicial.gov/sites/default/files/2025-01/Rule%20Change%202025(02).pdf
• Colorado Bar Association — How (Not) to Mess Up an Appeal: https://cl.cobar.org/features/how-not-to-mess-up-an-appeal/