Not all orders may be appealed. In addition, only 13% of appeals are successful in changing the final orders in a case. You will learn - if you can appeal, if an appeal is right for you, and how to prepare for the appeal.
Decide if an Appeal is Right for You
Two questions. Is an appeal possible? If so, is it worth your efforts?
Can you Appeal?
- Final Order: Not all orders can start an appeal. To appeal, you must have a
- Written, signed, and dated order.
- An order that resolves the last of the question or problems in the case.
- Right Court: With only a few exceptions, a District Court case is reviewed by the Colorado Court of Appeals.
- Right Time: You must start the appeal within:
- 49 days of the final order being issued.
- 49 days of an order deciding a timely Motion for Post-trial Relief.
- 49 days of an order deciding a Magistrate Review.
Should you appeal?
You have to balance the costs of the appeal versus the likelihood that you will win.
- Costs of an Appeal.
- Worth the Money?
- Filing Fee - $223 unless waived.
- Appeal Cost Bond - $250 unless waived.
- Transcript - About $150 for every hour in court.
- This cost is not waivable.
- Worth the Time and Effort?
- Length of Case - About 1 year.
- Efforts - A 30-page gradualte level research paper.
- Worth the Conflict?
- An appeal will extend the conflict in your life.
- That will take an emotional toll on you and your family.
- Limits of an Appeal.
- No New Evidence.
- An appellate court is looking to see if the final orders are acceptable given the evidence presented at the hearing or in the motion.
- No new evidence will be accepted or considered.
- Determinations of Believability.
- Only the deciding court can determine which witnesses were lying.
- Only the deciding court can determine how much to believe the exhibits.
- Your one opportunity to show that a witness was lying, or challenge the value of exhibits, happened at the hearing.
- No New Issues.
- Courts want to be as efficient as possible.
- An appeals court will only review the decisions made in the final order.
- If a Magistrate Review was required, the Court of Appeals will only consider the issues raised in the Petition for Magistrate Review.
- No New Evidence.
- What it Takes to Win.
- Wrong Law: An appeals court will change the final order if the wrong law was used.
- Clearly Wrong Facts: An appeals court will change the final order if the deciding court made-up facts or made unreasonable assumptions about the facts.
- Can't Make That Decision: An appeals court will change the final order if the decision is not allowed. That happens when:
- The law was applied incorrectly,
- A factor was considered that should not have been,
- A factor was not considered that should have been, or
- A clearly wrong fact (see section above) was relied on to make the decision.
- Harmless Error: If the outcome of the case would be the same, even if the error was fixed, then the appeals court will keep the final orders.
Prepare to File
Time & Fees
- Be on Time - You have 49 days to start the appeal (Step 2) from a final order.
- You may request an additional 35 days past that to file. You must show there was good cause for filing late (rarely established).
- Past that point, your opportunity to appeal has closed. No exceptions.
- Filing Fee - There is a $223 filing fee due when you open the appeal in the Court of Appeals.
- Waiver - If you cannot afford to pay that fee, you may request that it be waived. File a Motion to Waive Filing Fee - JDF 205 and a Proposed Order - JDF 206 with the District Court. Once the District Court has ruled on that request, file a copy of the order with the Court of Appeals. File this motion as soon as possible.
Appeal Cost Bond
You must post an Appeal Cost Bond with the District Court when you start the appeal (see step 2).
- Why - Because so few appeals are successful, the bond ensures the other parties costs to appeal are covered if you lose.
- How Much - $250.
- Waiver - If you cannot afford the Appeal Cost Bond, you may file a Motion to Waive the Appeal Cost Bond. File that into the District Court case. Also, file the financial affidavit included in the motion.
- Returnable - If you win the appeal, or the other parties do not participate in the appeal, the bond is returned to you.
Transcript
- What - A transcript is a document that contains the word-for-word testimony of what was said at the hearing.
- Why - An appeals court cannot consider any new facts or evidence. It must rely solely on the facts that were presented to the deciding court. Many facts come onto the record through the testimony at the hearing.
- How to Order - Submit a Transcript Request Form - JDF 4 with the District Court clerk. A transcriptionist will be in contact with you to arrange payment.
- Cost - A transcript costs $3 a page. This works out to be about $150 for every hour you were in court. The transcriptionist will be able to give you a more precise quote for your case.
- Deposit - Some counties require you to post a deposit on the transcript when you submit your Transcript Request Form. If not, the transcriptionist will require a deposit to begin work on the transcript.
- Costs Not Waivable - The cost of a transcript for these appeals cannot be waived by any court.
Stay of Action
- What - A Stay of Action stops the final orders from being enforced during the length of an appeal. This request is optional.
- Why - The final orders are assumed to be acceptable going into an appeal. If you want all or part of those orders stopped, you would have to make that request in a Motion for a Stay of Action.
- File - A Motion for a Stay of Action with the District Court.
- Due - There is no set due date for these motions. However, the final orders cannot be stayed until the Court issues the order and the Supersedeas Bond is posted.
- Supersedeas Bond - To prevent people from filing a stay just to delay the Final Orders, you will be required to post a bond before the stay can go into place. That is usually set at 125% of the judgment against you. The District Court will set the Supersedeas Bond in its order.
- If Denied - If the District Court denies your request for a Stay of Action, then you may file a Motion for a Stay of Action in the Court of Appeals. Make sure to include the District Court's order denying the stay, with your motion.
Instructions and Law
This list is to help you start your legal research, but is not a comprehensive list of the laws that may affect your case.
Court of Appeals Website
Click on the "Family Matters, Civil, & Probate" tab forms, instructions, and sample documents.
Waiving the Filing Fees
Colorado Appellate Rule (C.A.R.) 12
Appeal Cost Bond
Colorado Appellate Rule (C.A.R.) 7
Stay of Judgment on Appeal
Colorado Rule of Civil Procedure (C.R.C.P.) 62(d)
Supersedeas Bond
Colorado Rule of Civil Procedure (C.R.C.P.) 121, Section 1-23
Stay of Proceedings on Appeal
Colorado Appellate Rule (C.A.R.) 8
Form Kits
These PDF fillable files contain the complete set of forms needed for a particular process. As you fill in an item of information, it will transfer through to the rest of the forms. Go to Step 1 for more information on waiving the fees and bond, and filing a Stay. Go to Step 2 for instructions on the Notice of Appeal & Designation of Record.
Stay of Action Bundle (in District Court) (325 KB)
This 10-page kit contains: Instructions and a Motion, Proposed Order, & Affidavit forms.
Starting Appeal Bundle (945 KB)
This 14-page kit contains: Notice of Appeal, Designation of Transcripts, Transcript Request Form, Motion to Waive Filing Fees (with Order), and Motion to Waive Appeal Bond (with Order).
How to Get More Help
Appeals are hard. Click the Contact Options link below to get help. On that screen, go into the Sherlocks section to find self-help staff to answer your procedural or forms questions. Find a time to get legal information or advice in the clinic or events calendar sections. Or, find a free or moderate fee lawyer in the Find a Lawyer section.