Will the Colorado Court of Appeals Reconsider my Case?

If you lose your case in the court of appeals, there is a mechanism through which you can ask the court of appeals to reconsider its order, prior to requesting review from the state supreme court. This is a called a motion for reconsideration. In most cases, a motion for reconsideration is not appropriate. A motion for reconsideration is not an opportunity for a litigant to re argue his case because he is dissatisfied with the ruling from the court of appeals, or feels that the court failed to focus on what he believed to be a critical fact or argument. Rather, a motion for reconsideration is only appropriate where the Court of Appeals misstated the material facts or applicable law. If this is the case, a motion for reconsideration is a better option than a petition for review with the state supreme court, because the state supreme court typically takes cases alleging an issue of statewide impact, rather than those that allege a factual error in the court of appeals. If you think a petition for rehearing is appropriate in your case, it is important to act quickly. In Colorado, the deadline to file a petition for rehearing in the Colorado Court of Appeals is 14 days after the date of the appellate decision under Colorado Appellate Rule 40. While the court has limited authority to extend certain deadlines, parties should not rely on obtaining an extension, and late filings are routinely denied. To speak with a knowledgeable attorney about your appeal, contact the Alderman law Firm today for your free consultation by calling 720-588-3529.