Colo. R. App. P. 3

As amended through Rule Change 2021(17), effective July 23, 2021
Rule 3 - Appeal as of Right-How Taken
(a)Filing the Notice of Appeal in Appeals from Trial Courts. An appeal permitted by law from a trial court to the 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 shall have exclusive jurisdiction over the appeal and all procedures concerning the appeal unless otherwise specified by these rules. An advisory copy of the notice of appeal must be served on the clerk of the trial court within the time for its filing in the appellate court. Failure of an appellant to take any step other than the timely filing of a notice of appeal in the appellate court does not affect the validity of the appeal, but is a ground only for such action as the appellate court deems appropriate, which may include dismissal of the appeal. 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 particular statute.
(c)Joint or Consolidated Appeals. If two or more persons are entitled to appeal from a judgment or order of a trial court and their interests are such as to make joinder practicable, they may file a joint notice of appeal, or may join in appeal after filing separate timely notices of appeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of the appellate court upon its own motion or upon motion of a party, or by 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 set forth:
(1) A caption that complies in form 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 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 trial court including attorneys' 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, set forth the details) and the date of mailing to counsel;
(F) Whether there were any extensions granted to file any motion(s) for post-trial relief, and, if so, the date of the request, whether the request was granted, 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 there were any extensions granted to file any notice(s) of appeal, and, if so, the date of the request, whether the request was granted, and the date to which filing was extended;
(3) An advisory listing of the issues to be raised on appeal;
(4) Whether the transcript of any evidence taken before the trial court or any administrative agency is necessary to resolve the issues raised on appeal;
(5) Whether the order on review was issued by a magistrate where consent was necessary. If the order on review was issued by a magistrate where consent was not necessary, whether a petition for review of the order was filed in the trial court and ruled on by a trial 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) An appendix containing a copy of the judgment or order being appealed, the findings of the court, if any, the motion for new trial, if any, and a copy of the trial court's order granting or denying leave to proceed in forma pauperis if appellant is filing without docket fee pursuant to C.A.R. 12(b); and
(8) 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 trial court and all other parties to the action in the trial court.
(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 set forth:
(1) A caption that complies in form 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 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 final order entered in the action by the agency. 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 the transcript of any evidence 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 findings of the agency, 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 set forth:
(1) A caption that complies in form 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 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;
(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, set forth the details) and the date of mailing to counsel;
(F) Whether there were any extensions granted to file any motion(s) for post-trial relief, and, if so, the date of the request, whether the request was granted, 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 C.R.S. 24-4-106(9), C.R.S.; and
(J) Whether there were any extensions granted to file any notice(s) of appeal, and, if so, the date of the request, whether the request was granted, and the date to which filing was extended;
(3) An advisory listing of the issues to be raised on appeal;
(4) Whether the transcript of any evidence 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 decision or order being appealed, the agency order and the findings of the agency, 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 reviewing 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 set forth:
(1) A caption that complies in form 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 defendant was tried;
(C) The charges for which 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 any transcript of evidence taken at trial 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) An appendix containing a copy of the judgment or order being appealed, the mittimus, the findings of the court, if any, the motion for new trial, if any, and a copy of the trial court's order granting or denying leave to proceed in forma pauperis if appellant is filing without docket fee pursuant to C.A.R. 12(b); and
(8) 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 trial court and all other parties to the action in the trial court.
(h)Contents of any Notice of Cross-Appeal. A notice of cross-appeal must set forth the same information required for a notice of appeal and must set forth the party initiating the cross-appeal and designate all cross-appellees.

C.A.R. 3

Source: IP(d) added and (d)(1), (d)(2), IP(f), (f)(1), and (f)(2) amended August 23, 1984, effective January 1, 1985; (d)(2)(B), (e)(2)(B), (f)(2)(B), (g)(2)(E), and (g)(2)(F) amended and (g)(2)(G) and (i) added August 30, 1985, effective January 1, 1986; (d)(7) and (g)(7) amended May 15, 1986, effective November 1, 1986; and IP(e) and (e)(7) amended June 4, 1987, effective January 1, 1988; (h) amended March 17, 1994, effective July 1, 1994; (h) amended June 7, 1994, effective July 1, 1994; IP(d)(1), IP(e)(1), IP(f)(1), and IP(g)(1) amended June 1, 2000, effective July 1, 2000; (a) amended and (a) comment deleted, (b) and (d) amended and (d) comment deleted, (e) to (g) amended and (g) comment amended, and (h) amended, and (i) repealed and comment added and effective October 17, 2014.

Comment: In most criminal cases, the State of Colorado is represented by the Office of the Attorney General. See §24-31-101(l)(a), C.R.S.

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ANNOTATION Law reviews. For article, "Appellate Procedure and the New Supreme Court Rules", see 30 Dicta 1 (1953). Purpose of the notice of appeal is simply to put the other party on notice that an appeal will be taken and to identify the action of the trial court from which the appeal is to be taken. Widener v. District Court, 200 Colo. 398, 615 P.2d 33 (1980). The particular function of the notice of appeal is to require the clerk of the court, in which the judgment complained of is entered, to certify the record for review. Hull v. Denver Tramway Corp., 97 Colo. 523, 50 P.2d 791 (1935); Wheeler Kelly Hagny Trust Co. v. Williamson, 111 Colo. 515, 143 P.2d 685 (1943); People v. Bost, 770 P.2d 1209 (Colo. 1989). Purpose of requiring notice where less than the entire record is designated on appeal is to permit the appellee an opportunity to add to the designated portions. People v. Slender Wrap, Inc., 36 Colo. App. 11, 536 P.2d 850 (1975). Timely filing of notice of appeal is mandatory and jurisdictional. Chapman v. Miller, 29 Colo. App. 8, 476 P.2d 763 (1970); Cline v. Farmers Ins. Exchange, 792 P.2d 305 (Colo. App. 1990). Failure to file a notice of appeal within the prescribed time deprives the appellate court of jurisdiction and precludes a review of the merits. Widenerv. District Court, 200 Colo. 398,615 P.2d 33 (1980). The filing of a notice of appeal is mandatory and a jurisdictional prerequisite for appellate review of a lower court decision to deny a Rule 35(a), Crim. P. motion. People v. Silvola, 198 Colo. 228, 597 P.2d 583 (1979). Notice of appeal not timely filed. Earlier notice of appeal, which related to probate of will, did not provide notice of appeal of order vacating notices of lis pendens to estate property, and since no timely appeal was filed, court lacked jurisdiction over appeal. Matter of Estate of Anderson, 727 P.2d 867 (Colo. App. 1986)(decided under former rule). Untimely service of notice of appeal to appellee does not affect court's jurisdiction to hear appeal. B.A. Leasing Corp. v. State Bd. of Equal., 745 P.2d 254 (Colo. App. 1987), aff'd sub nom. Gates Rubber Co. v. Bd. of Equalization, 770 P.2d 1189 (Colo. 1989). Notice of appeal is not "pleading" within strict definition of term, and therefore failure to serve copies of notice as directed by trial court did not warrant court of appeals decision to dismiss appeal. Matter of Estate of Jones, 704 P.2d 845 (Colo. 1985) (decided under former rule). Dismissal of appeal for failure to serve notice of designation of record is made discretionary by section (a). People v. Slender Wrap, Inc., 36 Colo. App. 11, 536 P.2d 850 (1975). Substantial compliance with section (c) is all that is required. Widener v. District Court, 200 Colo. 398, 615 P.2d 33 (1980); See People v. Bost, 770 P.2d 1209 (Colo. 1989). Lack of designation in the caption that the document is a notice of appeal will not defeat substantial compliance. Widener v. District Court, 200 Colo. 398, 615 P.2d 33 (1980). Where defendant objected to venue by filing a proper motion prior to answering complaint, issue was preserved for appeal regardless of lack of specific reference to venue in notice of appeal. Resolution Trust Corp. v. Parker, 824 P.2d 102 (Colo. App. 1991). Defect in the notice of appeal was harmless where appellant failed to list all of the parties to the appeal, but complied with all other provisions of the rule. Turkey Creek, LLC v. Rosania, 953 P.2d 1306 (Colo. App. 1998). When sanctions are imposed against a litigant's attorney, the attorney is a real party in interest and must appeal in his or her own name. Because plaintiffs' attorney did not file a separate notice of appeal and the plaintiffs' notice of appeal did not name the attorney as an appellant, the court is jurisdictionally barred from deciding whether the trial court abused its discretion in imposing sanctions against the attorney. Maul v. Shaw, 843 P.2d 139 (Colo. App. 1992), impliedly overruled in Cruz v. Benine, 984 P.2d 1173 (Colo. 1999). To have standing to appeal an award of attorney fees only against a party's attorney, the attorney must file a separate appeal or be added as an appellant to the party's appeal. Anglum v. USAA Cas. Ins. Co., 166 P.3d 191 (Colo. App. 2007). Abuse of discretion. In light of the significance of the issues on appeal (i.e., the state's obligation to maintain state prisoners in state correctional facilities and to reimburse counties for confining state prisoners) and the fact that both petitioner and respondent sought appellate review, the court of appeals abused its discretion in dismissing case for failure to timely transmit the record. Dept. of Corr. v. Pena, 788 P.2d 143 (Colo. 1990). Substantiality of issues. When determining whether dismissal is an appropriate sanction for failure to timely transmit the record, an appellate court should consider the substantiality of the issues on appeal and the full range of possible sanctions and should select the sanction most appropriate under the circumstances. Dept. of Corr. v. Pena, 788 P.2d 143 (Colo. 1990). Court elected to suspend strict requirements of this rule. Serv. Oil Co. v. Rhodus, 179 Colo. 335, 500 P.2d 807 (1972); Converse v. Zinke, 635 P.2d 1228 (Colo. App. 1979), aff'd in part, and rev'd on other grounds, 635 P.2d 882 (Colo. 1981). Supersedeas not required. The appeal and the supersedeas are two separate things, and the appeal can be sustained without a supersedeas. Monks v. Hemphill, 119 Colo. 378, 203 P.2d 503 (1949). Rule inapplicable to industrial commission orders. This rule has no application to the review of orders of the industrial commission. Trujillo v. Indus. Comm'n, 31 Colo. App. 297, 501 P.2d 1344 (1972). Applied in Beadles v. Metayka, 135 Colo. 366, 311 P.2d 711 (1957); In re Peterson, 40 Colo. App. 115, 572 P.2d 849 (1977); Catron v. Catron, 40 Colo. App. 476, 577 P.2d 322 (1978); Gillespie v. Dir. of Dept. of Rev., 41 Colo. App. 561, 592 P.2d 418 (1978); Dayhoff v. State, Motor Vehicle Div., 42 Colo. App. 91, 595 P.2d 1051 (1979); People v. Moore, 674 P.2d 354 (Colo. 1984). .

For time within which notice of appeal must be filed, see C.A.R. 4.