Colorado law provides litigants with the right to appellate review of most final judgments entered by a trial court. For purposes of appellate litigation, the litigant filing the appeal is the “appellant,” and the responding party is the “appellee.”
The Colorado Court of Appeals does not provide a forum for re-litigation of a claim. A litigant cannot approach an appeal with the mindset that he simply wants “another bite at the apple.” The Court of Appeals reviews the proceedings in the trial court to determine whether the trial court applied the correct law, interpreted the law correctly, and properly exercised its discretion.
In contrast to matters in the trial court, which may be tried to a judge or jury, appeals are ordinarily decided on written briefs. Oral argument may be requested by the court, but a party should not assume that counsel will be afforded an opportunity to present verbal argument. The appellant generally files an opening brief and a reply brief, and the appellee files an answer brief. If the appellee does not file an answer brief, there is nothing to which the appellant may reply.
After briefing is complete, the appellate court determines whether oral argument is necessary. If oral argument is scheduled, each side will have a limited amount of time, set by the court, to present argument and answer questions from the judges. After oral argument — if any — the Court of Appeals will issue a written opinion. If oral argument is not scheduled, the case is submitted on the briefs.
Most cases are decided by a panel of three judges.
A party who receives an adverse decision from the Court of Appeals may ask the Colorado Supreme Court to review the decision. The Supreme Court selects which cases it hears, and review is discretionary.
To monitor an appeal, Colorado Courts Efiling provides an online e-filing system for appellate cases. The docket reflects filings, deadlines, and orders entered in the case. Once an attorney enters her appearance or initiates an appeal, she can see the entire appellate docket through this website.
To contact a Colorado appellate attorney who will fight for you, call the Alderman Law Firm at 720-588-3529 today.