Rule 3. Appeal as of Right — How Taken

(a) Filing the Notice of Appeal in Appeals from Lower Courts. An appeal permitted by law as of right from a lower court to an appellate court must be taken by filing a notice of appeal with the clerk of the appellate court within the time allowed by C.A.R. 4. Upon the filing of the notice of appeal, the appellate court will have exclusive jurisdiction over the appeal and all procedures concerning the appeal unless otherwise specified by these rules. The appellant must serve an advisory copy of the notice of appeal on the lower court within the time allowed for filing the notice of appeal in the appellate court. An appellant's failure to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but the court may take any action it deems appropriate, including dismissal of the appeal, to address the deficiency. Content of the notice of appeal is not jurisdictional.

(b) Filing the Notice of Appeal or Petition for Review in Appeals from State Agencies. An appeal permitted by statute from a state agency directly to the court of appeals or appellate review from a district court must be in the manner and within the time prescribed by the applicable statute.

(c) Joint or Consolidated Appeals.

(1) When two or more parties are entitled to appeal from a judgment or order of a lower court and their interests make joinder practicable, they may file a joint notice of appeal and proceed as a single appellant.

(2) The appellate court may join or consolidate the appeals when the parties have filed separate timely notices of appeal.

(3) An appellate court may consolidate appeals on its own or a party's motion, or stipulation of the parties to the several appeals.

(d) Contents of the Notice of Appeal in Civil Cases (Other Than District Court Review of Agency Actions and Appeals from State Agencies). The notice of appeal must contain:

(1) a caption that complies with C.A.R. 32(d);

(2) a brief description of the nature of the case including:

(A) a general statement of the nature of the controversy (not to exceed one page);

(B) the judgment, order or parts being appealed and a statement indicating the basis for the appellate court's jurisdiction;

(C) whether the judgment or order resolved all issues pending before the lower court, including attorney fees and costs;

(D) whether the judgment was made final for purposes of appeal pursuant to C.R.C.P. 54(b);

(E) the date the judgment or order was entered (if there is a question of the date, the details necessary for the appellate court to determine whether the notice of appeal was timely filed) and the date the order was mailed to the parties or their counsel; 429 Appeal as of Right — How Taken Rule 3

(F) whether the lower court granted any extensions to file any motion(s) for post-trial relief, and, if so, the date of the request, and the date to which filing was extended;

(G) the date any motion for post-trial relief was filed;

(H) the date any motion for post-trial relief was denied or deemed denied under C.R.C.P. 59(j); and

(I) whether an appellate court granted an extension to file any notice(s) of appeal, and, if so, the date of the request, and the date to which filing was extended;

(3) an advisory listing of the issues to be raised on appeal;

(4) whether a transcript of any proceeding taken before the lower court is necessary to resolve the issues raised on appeal;

(5) whether a magistrate issued the order on review, and if so, whether consent was necessary. If a magistrate issued the order on review and consent was not necessary, whether a petition for review of the order was filed in the district court and ruled upon by a district court judge pursuant to the Colorado Rules for Magistrates;

(6) the names of counsel for the parties, their addresses, telephone numbers, e-mail addresses, and registration numbers;

(7) if applicable, a statement that the filing fee is waived under C.A.R. 12(a)(4);

(8) an appendix containing:

(A) the judgment or order being appealed;

(B) the findings of the court, if any;

(C) the motion for post-trial relief, if any; and

(D) the lower court's order granting or denying leave to proceed in forma pauperis if appellant is filing without paying the docket fee pursuant to C.A.R. 12(b); and

(9) a certificate of service in compliance with C.A.R. 25 showing service of a copy of the notice of appeal (with attachments) on the lower court and all other parties to the action below.

(e) Contents of Notice of Appeal from State Agencies (Other Than the Industrial Claim Appeals Office) Directly to the Court of Appeals. The notice of appeal must contain:

(1) a caption that complies with C.A.R. 32(d);

(2) a brief description of the nature of the case including:

(A) a general statement of the nature of the controversy (not to exceed one page);

(B) the order being appealed and a statement indicating the basis for the appellate court's jurisdiction;

(C) whether the order resolved all issues pending before the agency;

(D) whether the order is final for purposes of appeal; and

(E) the date of service of the agency's final order. The date of service of an order is the date on which a copy of the order is delivered in person, or, if service is by mail, the date of mailing.

(3) an advisory listing of the issues to be raised on appeal;

(4) whether a transcript of any proceeding taken before the administrative agency is necessary to resolve the issues raised on appeal;

(5) the names of counsel for the parties, their addresses, telephone numbers, e-mail addresses, and registration numbers;

(6) an appendix containing a copy of the order being appealed and the agency's findings, if any; and

(7) a certificate of service in compliance with C.A.R. 25 showing service of a copy of the notice of appeal (with attachments) on the state agency and all other persons who have appeared as parties to the action before the agency, or as required by section 24-4-106(4), C.R.S. concerning rule-making appeals.

(f) Contents of Notice of Appeal from District Court Review of Agency Actions. The notice of appeal must contain:

(1) a caption that complies with C.A.R. 32(d);

(2) a brief description of the nature of the case including:

(A) a general statement of the nature of the controversy (not to exceed one page);

(B) the decision or order being appealed and a statement indicating the basis for the appellate court's jurisdiction; Rule 3 Colorado Appellate Rules

(C) whether the decision or order resolved all issues pending before the agency;

(D) whether the decision or order is final for purposes of appeal;

(E) the date the decision or order was entered (if there is a question of the date, the details necessary for the appellate court to determine whether the notice of appeal was timely filed) and the date the order was mailed to the parties or their counsel;

(F) whether the district court granted any extensions to file any motion(s) for post-trial relief, and, if so, the date of the request, and the date to which filing was extended;

(G) the date any motion for post-trial relief was filed;

(H) the date any motion for post-trial relief was denied or deemed denied under C.R.C.P. 59(j);

(I) the date the notice of intent to seek appellate review was filed with the district court pursuant to section 24-4-106(9), C.R.S.; and

(J) whether any court granted an extension to file any notice(s) of appeal, and, if so, the date of the request, and the date to which filing was extended;

(3) an advisory listing of the issues to be raised on appeal;

(4) whether a transcript of any proceeding taken before the lower court or administrative agency is necessary to resolve the issues raised on appeal;

(5) the names of counsel for the parties, their addresses, telephone numbers, e-mail addresses, and registration numbers;

(6) an appendix containing a copy of the decision or order being appealed, the agency order and the agency's findings, if any; and

(7) a certificate of service in compliance with C.A.R. 25 showing service of a copy of the notice of appeal (with attachments) on the district court, the agency and all other persons who have appeared as parties to the district court proceedings.

(g) Contents of the Notice of Appeal in Criminal Cases. The notice of appeal must contain:

(1) a caption that complies with C.A.R. 32;

(2) a brief description of the nature of the case including:

(A) a general statement of the nature of the case;

(B) the charges upon which the defendant was tried;

(C) the charges for which the defendant was convicted;

(D) the date judgment of conviction or the order granting or denying a motion for postconviction relief was entered;

(E) the date the sentence was imposed;

(F) the sentence; and

(G) a statement indicating the basis for the appellate court's jurisdiction;

(3) whether an appeal bond was granted and, if so, the amount of the bond;

(4) an advisory listing of the issues to be raised on appeal;

(5) whether a transcript of proceedings taken before the lower court is necessary to resolve the issues on appeal;

(6) the names of counsel for the parties, their addresses, telephone numbers, e-mail addresses, and registration numbers;

(7) if applicable, a statement that the filing fee is waived under C.A.R. 12(a)(4);

(8) an appendix containing:

(A) a copy of the judgment or order being appealed, including the mittimus;

(B) the findings of the court, if any;

(C) the motion for new trial, if any; and

(D) a copy of the lower court's order granting or denying leave to proceed in forma pauperis if appellant is filing without paying the docket fee pursuant to C.A.R. 12(b); and

(9) a certificate of service in compliance with C.A.R. 25 showing service of a copy of the notice of appeal (with attachments) on the lower court and all other parties to the action in the lower court.

(h) Contents of any Notice of Cross-Appeal. A notice of cross-appeal must contain the same information required for a notice of appeal and must identify the party initiating the cross-appeal and designate all cross-appellees. 431 Appeal as of Right — How Taken Rule 3

Committee Notes

Source: IP(d) added and (d)(1), (d)(2), IP(f), (f)(1), and (f)(2) amended August 23,