Rule Change 2025(02)

in review

THE COLORADO APPELLATE RULES — Rules 3.1, 3.4, 8.1, 9, 25, 27, 30, 39.1, 52, 53

sha256 ee009009d9e37d857fbd9b741205897f… · retrieved 7/18/2026, 6:21:49 PM · The Colorado Supreme Court's own adopted Rule Change order, loaded WHOLE (the order-ledger posture: orders print the amended portions, so the order itself is the honest unit; the consolidated rulebook is the contracted printer's publication and is never scraped) · awaiting human verification flip (text is verbatim; the flip is the review gate)

RULE CHANGE 2025(02)
THE COLORADO APPELLATE RULES
Rules 3.1, 3.4, 8.1, 9, 25, 27, 30, 39.1, 52, 53

Rule 3.1. Appeals from Industrial Claim Appeals Office
(a) Notice of Appeal. Appeals from orders and awards of the Industrial Claim Appeals Office will be in
the manner and within the time prescribed by statute. Self-represented litigants in unemployment cases
may use JDF 664 to file a combined notice of appeal and opening brief.
(ab) How TakenRecord. Appeals from orders and awards of the Industrial Claim Appeals Office shall
be in the manner and within the time prescribed by statute. On appeal from orders and awards entered
upon review of cases determined by the Industrial Claim Appeals Office, the record of the proceedings
will shall be arranged in chronological order, with all duplicates omitted. The record shall be properly
paginated and fully indexed and bound by the agency.
(bc) Briefing. 14 days after return filing of the record, the appellant must shall file an opening brief.
Within 14 days after service of the opening brief, the appellee may shall file an answer brief. Within 7
days after service of the answer brief, the appellant may file a reply brief. Briefs may be printed,
typewritten, mimeographed, or otherwise reproduced in conformity with the provisions of C.A.R. 28.If a
self-represented litigant files a combined notice of appeal and opening brief, then the answer brief is due
14 days after filing of the record. Briefs must comply with the provisions of C.A.R. 28 and C.A.R. 32.
(cd) Priority of Industrial Claim Appeals Office Cases. All appeals from the Industrial Claim Appeals
Office willshall have precedence over any civil cause of a different nature pending in said court, and the
Ccourt of Aappeals willshall always be deemed open for the determination thereof, and willshall be
determined by the Ccourt of Aappeals in the manner as provided for other appeals.
(de) Contents of Notice of Appeal from the Industrial Claim Appeals Office Directly to the Court
of Appeals. The notice of appeal mustshall set forth:
(1) - (6) [NO CHANGE]

Rule 3.4. Appeals From Proceedings in Dependency or Neglect
(a) – (d) [NO CHANGE]
(e) Transmission of Record.
(1) Within 42 days after the filing of JDF 545, the record, composed as set forth in subsection
(d), must be transmitted to the court of appeals in accordance with C.A.R. 10(c).
(2) The appellant trial court may request an extension of time of no more than 14 days in which
to file the record, which will be granted only upon a showing of good cause. If a request of more
than 14 days is based on a court reporter's or transcriber's inability to complete the transcript, it
must be supported by an affidavit of the reporter, transcriber, managing court reporter, or clerk of
the trial court.
(f) - (o) [NO CHANGE]

Rule 8.1. Stays of Execution in Criminal Cases
(a) Stay of Execution.
(1) Death. A sentence of death shall will be stayed upon the filing of a notice of appeal.
(2) Imprisonment. A sentence of imprisonment shall will be stayed if a notice of appeal is filed and a
defendant elects, through written notice, not to commence service of the sentence or is admitted to bail.
Any stay of a sentence of imprisonment will be for not The sentencing court shall, upon written notice of
the defendant for a stay and stating that he intends to seek review, stay a sentence of imprisonment but
for not more than sixty-three days unless if the defendant is not admitted to bail.
(3) Fine. A sentence to pay a fine or a fine and costs may be stayed by the trial court upon such terms as
the trial court deems proper if a notice of appeal is filed. The trial court may require the defendant to
deposit the whole or any part of the fine and costs in the registry of the trial court or to give bond for the
payment thereof, or to submit to an examination of assets, and it may make an appropriate order to
restrain the defendant from dissipating his assets.
(4) Probation. An order placing the defendant on probation shall remain in effect pending review by an
appellate court unless the trial court grants a stay of probation under section 16-4-201, C.R.S.
(b) Bail. Admission to bail pending the determination of review as provided in Rule 46, Crim. P.
(c) Application for Relief Pending Review. If an application is made to an appellate court, or justice or
judge thereof, for bail pending review or for an extension of time for filing the record or for any other
relief which might have been granted by the trial court, the application shall be upon notice and shall
show that application to the court below or a judge thereof is not practicable or that application has been
made and denied, with the reasons given for the denial, or that the lower court action on the application
did not afford the relief to which the applicant considers himself entitled.

Rule 9. Bail or Appeal Bond Release in Criminal Cases
(a) Appeals from Orders Respecting Release Entered Prior to a Judgment of Conviction. An appeal
authorized by law from an order refusing or imposing conditions of release shall be determined
promptly. Upon entry of an order refusing or imposing conditions of release, the trial court shall state in
writing the reasons for the action taken. The appeal shall be heard without the necessity of briefs after
reasonable notice to the appellee upon such papers, affidavits, and portions of the record as the parties
shall present. An appellate court, or justice or judge thereof, may order the release of the appellant
pending the appeal.
(b) Release Pending Appeal from a Judgment of Conviction. Application for release after a judgment of
conviction shall be made in the first instance in the trial court. If the trial court refuses release pending
appeal, or imposes conditions of release, the court shall state in writing the reasons for the action taken.
Thereafter, if an appeal is pending, a motion for release, or for modification of the conditions of release,
pending review may be made to an appellate court, or justice or judge thereof. The motion shall be
determined promptly upon such papers, affidavits, and portions of the record as the parties shall present
and after reasonable notice to the appellee. An appellate court, or justice or judge thereof, may order the
release of the appellant pending disposition of the motion.
(a) Appellate review of terms and conditions of bail or appeal bond are allowed pursuant to the
procedures set forth in section 16-4-204, C.R.S.
(b) Section 16-4-205, C.R.S. provides when the appellate court may fix the appeal bond.

Rule 25. Filing and Service
(a) Filing. Documents required or permitted to be filed in the appellate court must be filed with the
clerk. Filing may be accomplished by Ee-Ffiling pursuant to C.A.R. 30, by mail addressed to the clerk,
or by hand delivery to the clerk's office. Pursuant to C.A.R. 30(c)(1), attorneys licensed to practice law
in Colorado must use the E-System when filing in the appellate courts. The date of filing of documents
is the date they are received by the clerk regardless of method of filing.
(b) - (d) [NO CHANGE]
(e) Certificate Proof of Service. Documents presented for filing must include contain an
acknowledgment of service by the person served or proof a certificate of service, which in the form of is
a statement certified by the person who made the service containing the following information: of the
date and manner of service and of the names of the persons served, certified by the person who made
service. Regardless of the manner of service, a postal address for self-represented parties must be
included in the certificate of service. Proof The certificate of service may must appear on or be affixed
part of or attached to the documents filed. The clerk may permit documents to be conditionally filed
without acknowledgment or proof a certificate of service but wishall require such a certificate of service
to be filed promptly thereafter.
COMMENTS
2024
E-Filing policies of the supreme court and the court of appeals are available on the appellate courts’
website.

Rule 27. Motions
(a) In General.
(1) Application for Relief. An application for an order or other relief must be made by filing a
motion, unless these rules prescribe another form.
(2) Content and Service of Motion.
(A) - (C) [NO CHANGE]
(i) - (iii) [NO CHANGE]
(D) Service. The motion must be served on all other parties pursuant to Rule 25. A motion to
consolidate an appeal with another appeal must be served on all parties in both appeals.
(3) Response to Motion.
(A) Time to File. Any party may file a response in opposition to a motion, other than a motion
for a procedural order pursuant to section (b) of this rule. The response must be filed within 7
days after service of the motion unless the court shortens or extends the time. In its discretion,
the court may act on a motion authorized by Rule 8, 8.1, 9, or 41 before the 7 day period runs.
No reply to the response is authorized without order of the court.
(B) [NO CHANGE]
(b) - (e) [NO CHANGE]

Rule 30. E-Filing
(a) - (b) [NO CHANGE]
(c) To Whom Applicable.
(1) Attorneys licensed to practice law in Colorado may register to use the E-System and must use the E-
System when filing in the appellate courts.
(2) Where the system and necessary equipment are in place to permit it, pro se parties and government
entities and agencies may register to use the E-System.
(d) E-Filing-Date and Time of Filing. A document transmitted to the E-System Provider by 11:59 p.m.
Colorado time is shall be deemed to have been filed with the clerk of the court on that date.
(e) E-Service--When Required--Date and Time of Service. Documents submitted to the court through
E-Filing areshall be served under C.A.R. 25 by E-Service. A document transmitted to the E-System
Provider for service by 11:59 p.m. Colorado time is shall be deemed to have been served on that the date
transmitted.
(f) Filing Party to Maintain the Signed Copy-Paper Document Not to Be Filed-Duration of
Maintaining of Document. A printed or printable copy of an E-Filed or E-Served document with
original or scanned signatures must shall be maintained by the filing party and made available for
inspection by other parties or the court upon request, but shall will not be filed with the court. When
these rules require a party to maintain a document, the filer is required to maintain the document for a
period of two years after the final resolution of the action, including the final resolution of all appeals.
(g) – (h) [NO CHANGE]
(i) Transmitting of Orders, Notices, Opinions and Other Court Entries. Appellate courts wishall
distribute orders, notices, opinions, and other court entries using the E-System in cases where E-Filings
were received from any party.
(j) Form of E-Filed Documents. All E-Filed documents must shall comply with all the form
requirements as to form contained within these rules.
(k) E-Filing May be Mandated for Attorneys. The All attorneys licensed to practice law in Colorado
must use the E-System when filing in the appellate courts. Chief Justice may mandate, or, with the
permission of the Chief Justice, the Chief Judge of the court of appeals may mandate E-Filing for
specific case classes or types of cases. An appellate justice or judge may mandate E-Filing and E-
Service for a specific case for submitting documents to the court and serving documents on case parties.
Where E-Filing is mandatory, the court may thereafter accept a document in paper form, scan it, and the
court shall scan the document and upload it to the E-Service Provider. After notice notifying to an
attorney that all future documents are to must be E-Filed, the court may charge a fee of $50 per
document for scanning and uploading services.for the service. of scanning and uploading a document
filed in paper form. Where E-Filing and E-Service are mandatory an appellate justice or judge may

exclude pro se Self- partiesrepresented parties are excluded from mandatory E-Filing and E-Service
requirements.
(l) [NO CHANGE]
(m) Form of Electronic Documents.
(1) Electronic Document Format, Size and Density. Electronic document format, size, and density shall
will be as specified by Chief Justice Directive # 11-01, as amended.
(2) - (3) [NO CHANGE]
COMMENTS
2024
E-Filing policies of the supreme court and the court of appeals are available on the appellate courts’
website.

Rule 39.1. Attorney Fees on Appeal
If attorney fees are recoverable for the appeal, the principal brief of the party claiming attorney fees
must include a specific request, under a separate heading, and must explain the legal and factual basis,
for an award of attorney fees. Mere citation to this rule or to a statute, without more, does not satisfy the
legal basis requirement. Any opposition to a request for attorney fees, and the legal and factual basis for
the opposition, must be set forth in either the answer or reply brief, as appropriate. In its discretion, the
appellate court may determine entitlement to and the amount of an award of attorney fees for the appeal,
or may remand those determinations to the lower court or tribunal.

Rule 52. Review on Certiorari--Time for Petitioning
(a) [NO CHANGE]
(b) Time to File.
(1) In General. Except as provided in subsections (2) and (3) of this rule, a petition for writ of certiorari
must be filed within 42 days after entry of the judgment on appeal if no petition for rehearing is filed. If
a petition for rehearing is filed, the petition for writ of certiorari must be filed within 28 days after the
intermediate appellate court's denial of the petition for rehearing. No certiorari proceeding may be
initiated in the supreme court until the time for filing a petition for rehearing in the intermediate
appellate court has expired. A timely filed petition for writ of certiorari or a timely filed motion for
extension of time to file a petition for writ of certiorari transfers jurisdiction from the court of appeals to
the supreme court.
(2) - (3) [NO CHANGE]
COMMENTS [NO CHANGE]

Rule 53. Petition for Writ of Certiorari and Cross-Petition for Writ of Certiorari
(a) – (g) NO CHANGE
(h) Filing and Service. Filing and service must be in the same manner as provided in C.A.R. 25 and
must be made in the supreme court. Any party initiating a certiorari proceeding must serve every party
that participated in the underlying proceeding.

Rule 3.1. Appeals from Industrial Claim Appeals Office
(a) Notice of Appeal. Appeals from orders and awards of the Industrial Claim Appeals Office will be in
the manner and within the time prescribed by statute. Self-represented litigants in unemployment cases
may use JDF 664 to file a combined notice of appeal and opening brief.
(b) Record. On appeal from orders and awards entered upon review of cases determined by the
Industrial Claim Appeals Office, the record of the proceedings will be arranged in chronological order.
The record shall be properly paginated and fully indexed by the agency.
(c) Briefing. 14 days after filing of the record, the appellant must file an opening brief. Within 14 days
after service of the opening brief, the appellee may file an answer brief. Within 7 days after service of
the answer brief, the appellant may file a reply brief. If a self-represented litigant files a combined notice
of appeal and opening brief, then the answer brief is due 14 days after filing of the record. Briefs must
comply with the provisions of C.A.R. 28 and C.A.R. 32.
(d) Priority of Industrial Claim Appeals Office Cases. All appeals from the Industrial Claim Appeals
Office will have precedence over any civil cause of a different nature pending in said court, and the
court of appeals will always be deemed open for the determination thereof, and will be determined by
the court of appeals in the manner as provided for other appeals.
(e) Contents of Notice of Appeal from the Industrial Claim Appeals Office Directly to the Court of
Appeals. The notice of appeal must set forth:
(1) - (6) [NO CHANGE]

Rule 3.4. Appeals From Proceedings in Dependency or Neglect
(a) – (d) [NO CHANGE]
(e) Transmission of Record.
(1) Within 42 days after the filing of JDF 545, the record, composed as set forth in subsection
(d), must be transmitted to the court of appeals in accordance with C.A.R. 10(c).
(2) The trial court may request an extension of time of no more than 14 days in which to file the
record, which will be granted only upon a showing of good cause. If a request of more than 14
days is based on a court reporter's or transcriber's inability to complete the transcript, it must be
supported by an affidavit of the reporter, transcriber, managing court reporter, or clerk of the trial
court.
(f) - (o) [NO CHANGE]

Rule 8.1. Stay of Execution in Criminal Cases
(a) Stay of Execution.
(1) Death. A sentence of death will be stayed upon the filing of a notice of appeal.
(2) Imprisonment. A sentence of imprisonment will be stayed if a notice of appeal is filed and a
defendant elects, through written notice, not to commence service of the sentence or is admitted to bail.
Any stay of a sentence of imprisonment will be for not more than sixty-three days unless the defendant
is admitted to bail.
(3) Fine. A sentence to pay a fine or a fine and costs may be stayed by the trial court upon such terms as
the trial court deems proper if a notice of appeal is filed. The trial court may require the defendant to
deposit the whole or any part of the fine and costs in the registry of the trial court or to give bond for the
payment thereof, or to submit to an examination of assets, and it may make an appropriate order to
restrain the defendant from dissipating assets.
(4) Probation. An order placing the defendant on probation shall remain in effect pending review by an
appellate court unless the trial court grants a stay of probation under section 16-4-201, C.R.S.

Rule 9. Bail or Appeal Bond in Criminal Cases
(a) Appellate review of terms and conditions of bail or appeal bond are allowed pursuant to the procedures
set forth in section 16-4-204, C.R.S.
(b) Section 16-4-205, C.R.S. provides when the appellate court may fix the appeal bond.

Rule 25. Filing and Service
(a) Filing. Documents required or permitted to be filed in the appellate court must be filed with the
clerk. Filing may be accomplished by E-Filing pursuant to C.A.R. 30, by mail addressed to the clerk, or
by hand delivery to the clerk's office. Pursuant to C.A.R. 30(c)(1), attorneys licensed to practice law in
Colorado must use the E-System when filing in the appellate courts. The date of filing of documents is
the date they are received by the clerk regardless of method of filing.
(b) - (d) [NO CHANGE]
(e) Certificate of Service. Documents presented for filing must include a certificate of service, which is
a statement certified by the person who made the service containing the following information: the date
and manner of service and the names of the persons served. Regardless of the manner of service, a postal
address for self-represented parties must be included in the certificate of service. The certificate of
service must be part of or attached to the documents filed. The clerk may permit documents to be
conditionally filed without a certificate of service but will require a certificate of service to be filed
promptly thereafter.
COMMENTS
2024
E-Filing policies of the supreme court and the court of appeals are available on the appellate courts’
website.

Rule 30. E-Filing
(a) - (b) [NO CHANGE]
(c) To Whom Applicable.
(1) Attorneys licensed to practice law in Colorado may register to use the E-System and must use the E-
System when filing in the appellate courts.
(2) Where the system and necessary equipment are in place to permit it, pro se parties and government
entities and agencies may register to use the E-System.
(d) E-Filing-Date and Time of Filing. A document transmitted to the E-System Provider by 11:59 p.m.
Colorado time is deemed to have been filed with the clerk of the court on that date.
(e) E-Service--When Required--Date and Time of Service. Documents submitted to the court through
E-Filing are served under C.A.R. 25 by E-Service. A document transmitted to the E-System Provider for
service by 11:59 p.m. Colorado time is deemed to have been served on the date transmitted.
(f) Filing Party to Maintain the Signed Copy-Paper Document Not to Be Filed-Duration of
Maintaining of Document. A printed or printable copy of an E-Filed or E-Served document with original
or scanned signatures must be maintained by the filing party and made available for inspection by other
parties or the court upon request, but will not be filed with the court. When these rules require a party to
maintain a document, the filer is required to maintain the document for a period of two years after the final
resolution of the action, including the final resolution of all appeals.
(g) – (h) [NO CHANGE]
(i) Transmitting of Orders, Notices, Opinions and Other Court Entries. Appellate courts will
distribute orders, notices, opinions, and other court entries using the E-System in cases where E-Filings
were received from any party.
(j) Form of E-Filed Documents. All E-Filed documents must comply with all the form requirements
contained within these rules.
(k) E-Filing Mandated for Attorneys. All attorneys licensed to practice law in Colorado must use the E-
System when filing in the appellate courts. Where E-Filing is mandatory, the court may accept a document
in paper form, scan it, and upload it to the E-Service Provider. After notifying an attorney that all future
documents must be E-Filed, the court may charge a fee of $50 per document for scanning and uploading
services.. Self-represented parties are excluded from mandatory E-Filing and E-Service requirements.
(l) [NO CHANGE]
(m) Form of Electronic Documents.
(1) Electronic Document Format, Size and Density. Electronic document format, size, and density will be
as specified by Chief Justice Directive # 11-01, as amended.

(2) - (3) [NO CHANGE]
COMMENTS
2024
E-Filing policies of the supreme court and the court of appeals are available on the appellate courts’
website.

Rule 39.1. Attorney Fees on Appeal
If attorney fees are recoverable for the appeal, the principal brief of the party claiming attorney fees
must include a specific request, under a separate heading, and must explain the legal and factual basis
for an award of attorney fees. Mere citation to this rule or to a statute, without more, does not satisfy the
legal basis requirement. Any opposition to a request for attorney fees, and the legal and factual basis for
the opposition, must be set forth in either the answer or reply brief, as appropriate. In its discretion, the
appellate court may determine entitlement to and the amount of an award of attorney fees for the appeal
or may remand those determinations to the lower court or tribunal.

Amended and Adopted by the Court, En Banc, January 9, 2025, 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.