Rule 46.7. Further Review

Repealed, effective January 26, 1995. Rules 47 and 48. No Colorado Rules JURISDICTION ON WRIT OF CERTIORARI Rule 49. Considerations Governing Review on Certiorari Review in the supreme court on a writ of certiorari as provided in section 13-4-108, C.R.S., and section 13-6-310, C.R.S., is a matter of sound judicial discretion and will be granted only when there are special and important reasons. The following, while neither controlling nor fully measuring the supreme court's discretion, indicate the character of reasons that will be considered:

(a) the district court on appeal from the county court has decided a question of substance not yet determined by the supreme court;

(b) the court of appeals, or district court on appeal from the county court, has decided a question of substance in a way probably not in accord with applicable decisions of the supreme court;

(c) a division of the court of appeals has rendered a decision in conflict with the decision of another division of said court; the same ground applies to judgments and decrees of district courts on appeal from the county court when a decision is in conflict with another district court on the same matters;

(d) the court of appeals has so far departed from the accepted and usual course of judicial proceedings or so far sanctioned such procedure by a lower court as to call for the exercise of the supreme court's power of supervision.

Committee Notes

Source: Entire rule amended and effective June 7, 2018, effective July 1, 2018.