Colorado appellate rules provide strict deadlines for filing documents and taking other actions throughout the appellate process. For instance, an appellant must file the opening brief within the time set after the record is filed in the Colorado Court of Appeals under the Colorado Appellate Rules or a case-specific scheduling order.
By filing a motion for extension of time, a party requests that the court enlarge a specific deadline. Under Colorado Appellate Rule 26(b), the appellate court may, for good cause shown, enlarge the time prescribed by the rules or by court order, or permit an act to be done after the expiration of the prescribed time.
In both criminal and civil cases, parties may file a motion for extension of time to file appellate briefs. In a motion to extend time, a party must explain to the court why an extension is appropriate and how long of an extension is requested.
Not all deadlines are treated the same. The deadline to file a petition for writ of certiorari in the Colorado Supreme Court is important, but the court may extend it upon a timely motion showing good cause. A party should never assume an extension will be granted, and waiting until the last moment significantly reduces the likelihood of relief.
If you are interested in hiring an appeals lawyer to assist with your appeal, contact the Alderman Law Firm by calling 720-588-3529.