FAQ

what will it cost me to appeal?

Excellent question. This will depend on the complexity of the record in your case, the complexity of the issues that are appealable, whether any motions need to be filed, and whether oral argument is granted. The cost of an appeal ranges from a low of about $8,000 up to $25,000 or more if the Colorado Supreme Court hears the case. After reviewing the record in your case, we will be able to give you an estimate.

Why do we charge just to tell you if you have a good appeal or not?

In order to determine whether you have a viable case for appeal, we must review the record on appeal in your case, sometimes all of it, sometimes only part. The record can run thousands of pages and it can take many hours to review carefully enough to figure out the legal issues and how strong they are. Sometimes, we need to do research to determine whether a legal argument is viable on the facts of your particular case. Unfortunately, we can’t do that for free.

What is the deadline for filing an appeal?

The most critical thing to know about an appeal is that you should not wait to file it!

The deadline for filing a typical civil or criminal appeal is given in Colorado Appellate Rule 4. In general, a notice of appeal in a civil or criminal case (the document that starts the appeal) must be filed within 49 days after a “final, appealable judgment is entered in your case.” Be aware though that several types of cases have a shorter deadline. In addition, what counts as a “final, appealable judgment” may vary from case to case. You should consult with us right away to determine the deadline for filing the notice.

If you think (or know) you missed the deadline for filing the notice, you should consult with us right away to determine if you can file a late notice under the justifiable excuse / excusable neglect doctrine.

What is the record on appeal?

The record on appeal contains all the information from the lower court’s file that can be considered by the Court of Appeals or the Supreme Court.

In the past, the parties had to designate the portion of the lower court’s file that would become the record. Now, the entire file generally becomes the record automatically and the parties only have to designate the transcripts that are necessary. If there was a hearing (or hearings) or trial in your case, the record can easily run to thousands of pages because it will include transcripts and exhibits, as well as motions, orders, and other papers filed in the case.

The most important thing to know about the record on appeal is that if there is a fact relevant to your case and it is not in the record, the reviewing Court will not consider it (with very few exceptions). You cannot add facts to the record that were not included in the trial court case. So, it is critical to make sure that everything you might need on appeal is in the record.

what are briefs and why are they so long?

The person bringing an appeal (the “appellant”) files an opening brief. This document sets out the relevant facts of the case (contained in the record on appeal) and the legal argument about why what the lower court did was wrong. In addition, the opening brief must contain a statement of the standard of review for each argument, a statement as to whether the argument was preserved below with a citation to the record, and a table of authorities showing every statute, case, rule, or other authority cited in the brief. More information about what the opening brief must contain is in Colorado Appellate Rules 28 & 32.

After the opening brief is filed, the person on the other side of the case (the “appellee”), files an answer brief. Finally, the appellant then has a short period of time to file a reply brief.

Colorado Appellate Rules 28 & 32 also govern the answer and reply briefs.

Opening briefs in simple cases can run 30 pages; more complex cases, or cases with more issues, can run closer to 60 pages, sometimes even longer. These “briefs” are so long (and so important) because this is the parties’ opportunity to tell the judges the relevant facts and law governing their case. Remember, these judges have never seen anything about your case before they get the briefs; they are starting from scratch.

Surprisingly, it is harder and takes longer to write a short, compelling brief than a long, rambling one.

what’s the deal with oral argument?

After the briefs are filed, attorneys for either side can ask for oral argument. Pro se parties (without an attorney) are almost always denied oral argument.

Oral argument is a chance to talk to the judges who will decide your case about the law. For simple or routine issues, oral argument is not necessary. For more complicated cases, it can be invaluable. It gives the judges an opportunity to ask questions that have been bothering them as they think about the how to decide your case.

Although oral argument is short - 15 minutes per side in the Court of Appeals - attorneys must prepare carefully. They must be able to cite to any relevant fact in the record and to the important cases governing the issues. Attorneys need to keep up on new law that might affect any of the arguments on appeal right up to the very day of oral argument. All this preparation takes a significant amount of time.

In some cases, there are good reasons to not ask for oral argument . If your case is reasonably straightforward, it may not be worth the cost of oral argument since the judges probably won’t have too many questions. Less frequently, if your opponent did not frame their argument well (or missed an issue!), you may not want to give them the opportunity to rectify it by asking for oral argument. If you are the appellant, your reply brief is the last word in the case unless someone requests oral argument. Think carefully about whether you want to do so.

Where can I find more information?

The Colorado Appellate Rules are available on-line (Google them!) or try this link.

More information on the appeals process at the Colorado Court of Appeals is available here and at the Colorado Supreme Court here.

FAQ