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TCL > April 2005 Issue > Court Business

The Colorado Lawyer
April 2005
Vol. 34, No. 4 [Page  129]

© 2005 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

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From the Courts
Court Business

Court Business

Colorado Supreme Court Rules Committee

Rule Change 2005(4)
Colorado Appellate Rules
Chapter 32.
Rule 3.4. (New) Appeals from Proceedings in Dependency or Neglect
Adopted

Rule 3.4. (New) Appeals from Proceedings in Dependency or Neglect

(a) How Taken. Appeals from orders in dependency or neglect proceedings, as permitted by section 19-1-109(2)(b) and (c), C.R.S., shall be in the manner and within the time prescribed by this rule.

(b) Time for Appeal.

(1) A Notice of Appeal and Designation of Record (Form 1) shall be filed with the clerk of the Court of Appeals and an advisory copy served on the clerk of the trial court within twenty-one days after the entry of the order from which the appeal is taken. If a motion for post-trial relief is timely filed pursuant to C.R.C.P. 59, the time for filing the notice of appeal begins to run upon the entry of an order denying the motion or upon the date the motion is deemed denied under C.R.C.P. 59(j), whichever occurs first. An order is entered within the meaning of this rule when it is entered pursuant to C.R.C.P. 58. If notice of the entry of the order is mailed to the parties, the time for filing the notice of appeal shall commence from the date of mailing.

(2) If a timely notice of appeal is filed, any other party may file a Notice of Cross-Appeal and Designation of Record (Form 1) within five days of the date on which the notice of appeal was filed or within the twenty-one days for the filing of the notice of appeal, whichever period expires last.

(3) The time in which to file a notice of appeal or a notice of cross-appeal and the corresponding designation of record will not be extended.

(c) Docketing the Appeal. The appeal shall be docketed in accordance with C.A.R. 12(a).

(d) Notice of Appeal. The Notice of Appeal and Designation of Record (Form 1) must be prepared and signed by the appellant’s trial counsel or by appellant, if pro se. The notice must set forth the party or parties initiating the appeal and specify the order or part thereof from which the appeal is taken. The notice must be signed by appellant, if an adult, unless counsel states in the notice of appeal that appellant has specifically authorized the filing of the appeal. If counsel is unable to file a notice of appeal because the appellant is unavailable, counsel may file a Certificate of Diligent Search (Form 2) with the clerk of the trial court.

(e) Record on Appeal.

(1) The record on appeal shall include the trial court file, including all exhibits, and any transcripts ordered by the parties pursuant to this rule.

(2) The appellant and the cross-appellant, if any, shall (A) complete a Notice of Appeal (Cross-Appeal) and Designation of Record (Form 1); (B) file Form 1 with the clerk of the trial court and the clerk of the Court of Appeals; and (C) serve Form 1 on any court reporter listed therein.

(3) The designation of record portion of Form 1 shall identify the dates of the proceedings for which transcripts are requested and the names of the court reporters. Service of the Notice of Appeal and Designation of Record (Form 1) and the Supplemental Designation of Record (Form 3), if any, on the court reporter shall constitute a request for transcription of the specified proceedings.

(4) Within five days after service of a designation of record, any appellee may complete and file a Supplemental Designation of Record (Form 3) with the clerk of the trial court and the clerk of the Court of Appeals and serve it on the court reporter listed therein.

(5) Within five days after service of the Notice of Appeal and Designation of Record (Form 1), the designating party or public entity responsible for the cost of transcription shall make arrangements for payment with the court reporter. Within ten days after service of the Notice of Appeal and Designation of Record (Form 1), the court reporter shall file a statement with the clerk of the trial court and the clerk of the Court of Appeals indicating whether arrangements for payment have been made.

(6) After arrangements for payment of the transcript have been made, any party may request a copy of the unedited transcript from the court reporter for use in preparing the petition on appeal or the response to the petition on appeal (cross-appeal). The unedited transcript may be in electronic form and is not an official transcript of the trial court proceedings. The court reporter may require a signed waiver of liability for any errors in the unedited transcript.

(f) Transmission of Record.

(1) Within forty days after the filing of the Notice of Appeal and Designation of Record (Form 1), the record, including any transcripts or exhibits, shall be transmitted to the Court of Appeals in accordance with C.A.R. 11(b).

(2) The appellant may request an extension of time of no more than fifteen days in which to file the record, which will be granted only upon a showing of good cause. If the request is based on the court reporter’s inability to complete the transcript, it must be supported by an affidavit of the reporter specifying why the transcript has not been completed.

(g) Petition on Appeal.

(1) Within twenty days after the filing of the Notice of Appeal and Designation of Record (Form 1), the appellant shall file an original and five copies of a Petition on Appeal (Form 4). The petition shall be prepared by appellant if proceeding pro se, by appellant’s trial counsel, or by substitute counsel so long as substitute counsel has filed an entry of appearance. Except for extraordinary circumstances, substitution of counsel shall not be grounds for an extension of time.

(2) The appellant may request one extension of time of no more than seven days in which to file the petition, which will be denied except upon a showing of manifest injustice.

(3) Unless the petition contains no more than 6,300 words, it shall not exceed twenty pages, excluding the attachments required by this Rule 3.4(g)(3)(G). The petition on appeal shall conform to the requirements in C.A.R. 32(a) and shall include:

(A) A cover page containing the information set forth in C.A.R. 32(c);

(B) A statement of the nature of the case and the relief sought;

(C) The date the trial court order was entered;

(D) A concise statement of the material facts as they relate to the issues presented in the petition on appeal (references to page and line numbers in the record are not required);

(E) A concise statement of the legal issues presented for appeal, including a statement of how the issues arose;

(F) Supporting statutes, case law, or other legal authority for the issues raised; and

(G) Copies of the petition in dependency or neglect, the motion to terminate, the trial court’s adjudicatory order and/or order of termination, and rulings on any post-trial motions.

(h) Response to Petition on Appeal (Cross-Appeal).

(1) Within twenty days after service of the appellant’s petition on appeal, any appellee may file an original and five copies of a Response to Petition on Appeal (Cross-Appeal) (Form 5). The response (cross-appeal) shall be prepared by trial counsel or by substitute counsel so long as substitute counsel has filed an entry of appearance. Except for extraordinary circumstances, substitution of counsel shall not be grounds for an extension of time.

(2) An appellee may request one extension of time of no more than seven days in which to file a response (cross-appeal), which will be denied except upon a showing of manifest injustice.

(3) Unless the response (cross-appeal) contains no more than 6,300 words, it shall not exceed twenty pages, excluding the attachments required by this Rule 3.4(h)(3)(E). The response (cross-appeal) shall conform to the requirements of C.A.R. 32(a) and shall include:

(A) A cover page containing the information set forth in C.A.R. 32(c);

(B) A concise statement of the material facts as they relate to the issues presented (references to page and line numbers in the record are not required);

(C) A concise response to the legal issues presented;

(D) Supporting statutes, case law, or other legal authority in support of the response; and

(E) If a cross-appeal, copies of the petition in dependency or neglect, the motion to terminate, the trial court’s adjudicatory order and/or order of termination, and rulings on any post-trial motions.

(i) Oral Argument. Oral argument will be allowed upon the written request of a party or upon the court’s own motion, unless the court, in its discretion, dispenses with oral argument. A request for oral argument shall be made in a separate, appropriately titled document filed no later than the date on which the party’s petition on appeal or response is due. Unless otherwise ordered, argument shall not exceed fifteen minutes for the appellant(s) and fifteen minutes for the appellee(s).

(j) Ruling.

(1) Appeals in dependency or neglect proceedings shall be advanced on the calendar of the Court of Appeals pursuant to section 19-1-109(1), C.R.S., and shall be set for disposition upon the filing of the response to the petition on appeal or upon the time the response is due, whichever is earlier.

(2) After reviewing the petition on appeal, any response, and the record, the Court of Appeals may, by opinion in conformity with C.A.R. 35, affirm the trial court decision, reverse, or vacate the trial court decision, remand the case to the trial court, or set the case for supplemental briefing on issues raised by the parties or noticed by the court. If supplemental briefing is ordered, new counsel may be substituted upon a showing of good cause. Such request must be filed with the Court of Appeals within seven days after the case is set for supplemental briefing.

(k) (1) Petition for Rehearing. A petition for rehearing in the form prescribed by C.A.R. 40(b) may be filed within ten days after entry of judgment. The time in which to file the petition for rehearing shall not be extended.

(2) Petition for Writ of Certiorari. Review of the judgment of the Court of Appeals may be sought by filing a petition for writ of certiorari in the Supreme Court in accordance with C.A.R. 51. The petition shall be filed within ten days after the expiration of the time for filing a petition for rehearing or the date of denial of a petition for rehearing by the Court of Appeals. Any cross-petition or opposition brief to a petition for writ of certiorari shall be filed within ten days after the filing of the petition. The petition for writ of certiorari, any cross-petition, and any opposition brief shall be in the form prescribed by C.A.R. 53(a)-(c) and filed and served in accordance with C.A.R. 53(f).

(l) Issuance of Mandate. The mandate shall be in the form prescribed by C.A.R. 41(a) and shall issue twenty-two days after entry of the judgment. The timely filing of a petition for rehearing will stay the mandate until the Court of Appeals has ruled on the petition. If the petition is denied, the mandate shall issue twelve days after entry of the order denying the petition. The mandate may also be stayed in accordance with C.A.R. 41.1.

(m) Filing and Service. All papers required or permitted by this rule shall be filed and served in accordance with C.A.R. 25, unless otherwise provided in this rule.

(n) Computation of Time. Computation of any time period prescribed by this rule shall be in accordance with C.A.R. 26(a) and (c), unless otherwise provided in this rule.

Adopted by the Court, En Banc, February 10, 2005, effective March 1, 2005.

By the Court:

Nancy E. Rice
Colorado Supreme Court Justice

 

Rule Change 2005(5)
Colorado Appellate Rules
(New) Appendix to Chapter 32
The Colorado Appellate Rules (New) Forms
Adopted

The following forms may be used and shall be sufficient. Authorization of the use of these forms shall not prevent the use of other forms that substantially comply with the requirements of this rule.

Form 1 (JDF 545). Notice of Appeal (Cross-Appeal) and Designation of Record
Form 2 (JDF 546). Certificate of Diligent Search
Form 3 (JDF 547). Supplemental Designation of Record
Form 4 (JDF 548). Petition on Appeal
Form 5 (JDF 549). Response to Petition on Appeal (Cross-Appeal)

Adopted by the Court, En Banc, February 10, 2005, effective March 1, 2005.

By the Court:

Nancy E. Rice
Colorado Supreme Court Justice

[Note: Illustration of the following form is available online at http://www.courts.state.co.us/supct/rules.]

 

Rule Change 2005(6)
Colorado Appellate Rules
Chapter 32. Rules 27, 28, 32, 40, and 53
Amended and Adopted
Rule 27. Motions

(a)–(c) No Change.

(d) Form of Papers—Number of Copies. All papers relating to motions shall comply with C.A.R. 32. The original and ten copies shall be filed in the supreme court and the original and five copies in the court of appeals. Only the original of a motion for enlargement of time need be filed. The courts may require that additional copies be furnished.

(e) No Change.

__________

Rule 28. Briefs

(a)–(f) No Change.

(g) Length of Briefs. Except by permission of the court, principal briefs shall not exceed thirty pages, and reply briefs shall not exceed eighteen pages, unless they comply with the word limits set forth below. Principal briefs are opening brief, answer brief, opening-answer brief, and answer-reply brief. A principal brief is acceptable if it contains no more than 9,500 words. A reply brief is acceptable if it contains no more than 5,700 words. Headings, footnotes, and quotations count toward the word limitations. The caption, table of contents, table of authorities, certificate of compliance with the word limit, certificate of service, and any addendum containing statutes, rules, regulations, etc. do not count toward the page limits or word limits.

(h)–(i) No Change.

__________

Rule 32. Form of Briefs and Appellate Documents

(a) Standards for Non-Typewriter—Produced Briefs and Other Appellate Papers. Briefs and other appellate papers, except for those produced through the use of a typewriter, must comply with following standards:

(1) The typeface must be 14-point or larger, except that the caption may be in 12-point if necessary to fit on one page.

(2) The typeface must be a plain, roman style, although italics or boldface may be used for emphasis.

(3) If a brief or other appellate paper is subject to a word limit, it must include a certificate by the attorney, or by an unrepresented party, that the paper complies with the applicable word limit. The person preparing the certificate may rely on the word count of the word-processing system used to prepare the paper. The certificate must state the number of words in the paper.

(b) Standards for All Briefs and Other Appellate Papers. All briefs and other appellate papers, including those produced through the use of a typewriter, must comply with the following standards.

(1) Only 8½ by 11 inch paper shall be used.

(2) Text shall be double-spaced, except that quotations more than two lines long may be indented and single-spaced, and headings and footnotes may be single-spaced.

(3) Margins shall be no less than 1½ inches at the top and 1 inch at the left, right, and bottom, excluding page numbering, which shall be required.

(4) Text shall appear only on the face side of each page.

(c) Binding and Duplication. Briefs and other appellate papers shall be produced by any duplicating or copying process which produces a clear black image on white paper. Carbon copies may not be submitted without permission of the court, except by parties allowed to proceed in forma pauperis. Consecutive sheets shall be attached at the top left margin.

(d) Basic Document Information. Each brief or other appellate document shall contain basic document information on the first page of the document. The information in the case caption shall be arranged in the following order and shall be in the forms illustrated in subsection (1) or (2) below, except that documents issued by the court or clerk of court should omit the attorney section as illustrated in subsection (1)(II) and (2)(II):

On the left side:

Court name and mailing address.

Name of lower court(s), lower court judge(s), and case number(s).

Names of parties.

Name, address, and telephone number of attorney or pro se party filing the document. Fax number and e-mail address are optional.

Attorney registration number.

Document title.

On the right side:

An area for "Court Use Only" that is at least 2 1/2 inches in width and 1 3/4 inches in length (located opposite the court information).

Case number.

(1) Illustration of Preferred Case Caption Format:

(I) Preferred Caption for documents initiated by a party:

[Note: Illustration of the following form is available online at http://www.courts.state.co.us/supct/rules.]

(II) Preferred Caption for documents issued by the court or clerk of court:

[Note: Illustration of the following form is available online at http://www.courts.state.co.us/supct/rules.]

(2) Illustration of Optional Case Caption:

(I) Optional Caption for documents initiated by a party:

[Note: Illustration of the following form is available online at http://www.courts.state.co.us/supct/rules.]

(II) Optional Caption for documents issued by the court or clerk of court:

[Note: Illustration of the following form is available online at http://www.courts.state.co.us/supct/rules.]

(e) Improper Form of Briefs and Other Papers. In the event the clerk determines that a brief or other paper does not comply with the Colorado Appellate Rules or is not sufficiently legible, the clerk shall accept the document for filing but may require that a conforming document be filed.

__________

Rule 40. Petition for Rehearing

(a) No Change.

(b) Form of Petition; Length. The petition shall comply with C.A.R. 32, and on the front cover there shall be the number and title of the case, the court from which the appeal was taken, the name of the trial judge, the name of the justice or judge who wrote the opinion, and, if in the Supreme Court, shall state whether the decision was en banc; and, if a departmental decision of the Supreme Court, or of a division of the Court of Appeals, the names of the justices or judges participating. Copies of the petition shall be served and filed as prescribed by C.A.R. 31 for the service and filing of briefs. Except by permission of court a petition for rehearing shall not exceed six pages, unless it contains no more than 1,900 words.

__________

Rule 53. Petition for Certiorari and Cross-Petition for Certiorari

(a) The Petition. The petition for certiorari shall be succinct and shall not exceed twelve pages, unless it contains no more than 3,800 words, exclusive of appendix. The petition shall comply with C.A.R. 32. The petition shall contain in the order here indicated:

(1)–(7) No Change.

(b) The Cross-Petition. Within ten days after service of the petition for certiorari, a respondent may file and serve a cross-petition. A cross-petition shall be succinct and shall not exceed twelve pages, unless it contains no more than 3,800 words, exclusive of appendix. The cross-petition shall comply with C.A.R. 32. A cross-petition shall have the same contents, in the same order, as the petition.

(c) Opposition Brief. Within ten days after service of the petition, respondent may file and serve an opposition brief, a cross-petition or both. The petitioner may file an opposition brief within ten days after service of a cross-petition. An opposition brief shall be succinct and shall not exceed twelve pages, unless it contains no more than 3,800 words. The opposition brief shall comply with C.A.R. 32.

(d) Reply Brief. Within five days after service of an opposition brief, a petitioner or cross-petitioner may file and serve a reply brief. A reply brief shall be succinct and shall not exceed ten pages, unless it contains no more than 3,150 words. The reply brief shall comply with C.A.R. 32.

(e)–(f) No Change.

Amended and adopted by the Court, En Banc, February 24, 2005, effective July 1, 2005.

By the Court:

Nancy E. Rice
Colorado Supreme Court Justice

 

© 2005 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved. Material from The Colorado Lawyer provided via this World Wide Web server is protected by the copyright laws of the United States and may not be reproduced in any way or medium without permission. This material also is subject to the disclaimers at http://www.cobar.org/tcl/disclaimer.cfm?year=2005.


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