Rule Change 2023(13)

THE COLORADO APPELLATE RULES — Rules 21 and 32

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RULE CHANGE 2023(13)
THE COLORADO APPELLATE RULES




Rule 21. Procedure in Original Proceedings
(a) – (d) NO CHANGE
(e) Supporting Documents.
(1) Proceedings initiated under this rule are not subject to C.A.R. 10.
(2) A petition must be accompanied by a separate, indexed set of available supporting documents
adequate to permit review.
(3) The filing party is responsible for reviewing all supporting documents, including any attachments,
exhibits, and appendices, to determine if the document contains information that should be excluded
from public access pursuant to C.J.D. 05-01 section 4.60. Any supporting document filed by a party that
is not accessible to the public pursuant to C.J.D. 05-01 section 4.60 must be accompanied by a motion to
suppress or seal as prescribed in subsection (e)(4). The filing party must certify compliance with this
subsection as directed by C.A.R. 32(h).
(4) Any document submitted as sealed or suppressed pursuant to C.J.D. 05-01 sections 3.07 and 3.08
must be filed as a separate supporting document and must be accompanied by a motion for leave to file
the document as sealed or suppressed. The motion must:
(A) identify with particularity the specific document containing sensitive information;
(B) explain why the sensitive information cannot reasonably be redacted in lieu of filing the entire
document as sealed or suppressed;
(C) articulate the substantial interest that justifies depriving the public of access to the document; and
(D) cite any applicable rule, statute, case law, or prior court order sealing or suppressing the
document.
(45) In cases involving an underlying proceeding, the following documents must be included:
(A) the order or judgment from which relief is sought if applicable;
(B) documents and exhibits submitted in the underlying proceeding that are necessary for a complete
understanding of the issues presented;
(C) a transcript of the proceeding leading to the underlying order or judgment if available.
(f) – (n) NO CHANGE




Rule 32. Form of Briefs and Appellate Documents
(a) – (g) 	[NO CHANGE]
(h) 	Certificate 	of 	Compliance. 	Each 	brief 	must 	include, 	on 	a 	separate 	page 	immediately 	behind 	the
caption page, a certificate that the brief complies with all requirements of 	C.A.R. 28 	and C.A.R. 32, and,
if applicable, 	C.A.R. 	21(e)(3), 	28.1, 	or 29. For 	proceedings 	other than those involving 	C.A.R. 21(e)(3),
Forms 6 and 6A are the preferred forms for a certificate of compliance and will be regarded as meeting
the requirements of C.A.R. 32(a)(4).
COMMENTS [NO CHANGE]




Rule 21. Procedure in Original Proceedings
(a) – (d) NO CHANGE
(e) Supporting Documents.
(1) Proceedings initiated under this rule are not subject to C.A.R. 10.
(2) A petition must be accompanied by a separate, indexed set of available supporting documents
adequate to permit review.
(3) The filing party is responsible for reviewing all supporting documents, including any attachments,
exhibits, and appendices, to determine if the document contains information that should be excluded
from public access pursuant to C.J.D. 05-01 section 4.60. Any supporting document filed by a party that
is not accessible to the public pursuant to C.J.D. 05-01 section 4.60 must be accompanied by a motion to
suppress or seal as prescribed in subsection (e)(4). The filing party must certify compliance with this
subsection as directed by C.A.R. 32(h).
(4) Any document submitted as sealed or suppressed pursuant to C.J.D. 05-01 sections 3.07 and 3.08
must be filed as a separate supporting document and must be accompanied by a motion for leave to file
the document as sealed or suppressed. The motion must:
(A) identify with particularity the specific document containing sensitive information;
(B) explain why the sensitive information cannot reasonably be redacted in lieu of filing the entire
document as sealed or suppressed;
(C) articulate the substantial interest that justifies depriving the public of access to the document; and
(D) cite any applicable rule, statute, case law, or prior court order sealing or suppressing the
document.
(5) In cases involving an underlying proceeding, the following documents must be included:
(A) the order or judgment from which relief is sought if applicable;
(B) documents and exhibits submitted in the underlying proceeding that are necessary for a complete
understanding of the issues presented;
(C) a transcript of the proceeding leading to the underlying order or judgment if available.
(f) – (n) NO CHANGE




Rule 32. Form of Briefs and Appellate Documents
(a) – (g) 	[NO CHANGE]
(h) 	Certificate 	of 	Compliance. 	Each 	brief 	must 	include, 	on 	a 	separate 	page 	immediately 	behind 	the
caption page, a certificate that the brief complies with all requirements of 	C.A.R. 28 	and C.A.R. 32, and,
if applicable, 	C.A.R. 	21(e)(3), 	28.1, 	or 29. For 	proceedings other than those involving C.A.R. 21(e)(3),
Forms 6 and 6A are the preferred forms for a certificate of compliance and will be regarded as meeting
the requirements of C.A.R. 32(a)(4).
COMMENTS [NO CHANGE]




Amended and Adopted by the Court, En Banc, July 20, 2023, effective immediately.
By the Court:
Richard L. Gabriel
Justice, Colorado Supreme Court

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.