As a litigant in a civil county court case, you have the option to appeal an adverse order to the district court of the same county. This type of appeal is governed by Colorado Rule of County Court Civil Procedure 411, and has different rules and deadlines than a traditional appeal to the Colorado Court of Appeals.
To initiate an appeal, the appellant must file two documents within 14 days of entry of the adverse judgment:
- Notice of Appeal: One original to the county court, one original to the district court, and one copy to every party; and
- Designation of Record: One original to the county court, one original to the district court, and one copy to every party.
A fill-in-the-blank version of these forms can be downloaded from the Colorado Judicial Branch’s Web page, here. When you file these documents, you will also have to pay a filing fee of $163, and pay an appeals bond (amount determined by the court) in cash or certified funds. At this point, you should also ask the clerk what the court’s procedures are for ordering case transcripts, and provide a self-addressed stamped envelope that the Court will use to provide you a copy of the written opinion.
Once you have timely filed all necessary documents and paid all necessary fees, the county court will prepare the court record within 42 days. Your appellate brief must be filed with the district court and served on all other parties within 21 days of the court’s filing of the record on appeal. The District Attorney will have 21 days following receipt of your brief to file an answer.
After briefs have been filed, the district court will decide your appeal without a hearing, and mail a written ruling to all parties.
To speak with a knowledgeable attorney about the possibility of a new trial in your case, contact the Alderman Law Firm today.