- What do I File?
- You will make your written arguments in a document called an "Opening Brief."
- When is the Brief Due?
- Within 21 days of the Record on Appeal being certified. The court will send you a notice in the mail when the record is certified.
- With Whom do I give a Copy?
- File your brief into the District Court appellate case. Give a copy to the other parties in the case. DO NOT file a copy into your County Court case.
- What Goes in an Opening Brief? Include the following sections in your Opening Brief:
- Issues on Appeal - List out the legal questions or legal problems you want the District Court to answer or resolve. These are the mistakes you believe the Small Claims court made. Examples:
- Whether a finding that the Defendant breached the contract was in error?
- Whether the damages awarded in the case was excessive and an abuse of discretion?
- Facts - Include the facts from your case that the District Court will need to know to resolve your Issues on Appeal. Cite to the page in the Record on Appeal where that fact may be found. For example:
- Cinderella lost her shoe on the way out of the ball. Record p. 5. She testified in court that she only lost her shoe that one time. Audio CD 13:52.
- Discussion - Discuss the law affecting each issue you raise. Then apply the facts of your case to the law to reach your conclusion. Discuss how the Small Claims Court's decision was unacceptable. State what you want the District Court to do with your case.
- Issues on Appeal - List out the legal questions or legal problems you want the District Court to answer or resolve. These are the mistakes you believe the Small Claims court made. Examples:
More Information and Law
This list is to help you start your legal research and is not a comprehensive list of the laws that may affect your case.
Colorado Judicial Branch Small Claims Page
Use of electronic recording versus a transcript in a small claims appeal.
Colorado Revised Statute (C.R.S.) § 13-6-410.
Procedures for County Court and Small Claims Cases
Colorado Revised Statute (C.R.S.) § 13-6-311.
Small Claims Rule for Appeals (Directs to Rule 411)
Colorado Rules for Small Claims (C.R.C.P.) 519.
Appeals Procedure
Colorado Rule of County Court Civil Procedure (C.R.C.P.) 411
View or Research Case Law
Make sure to check the case law button below the search bar in Google Scholar.
Materials for the Opening Brief
Detailed Instructions (PDF) (88.8 KB)
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.