Colo. R. App. P. 31

As amended through Rule Change 2024(18), effective October 2, 2024

Rule 31 - Serving and Filing Briefs

(a) Time to Serve and File Briefs. The appellant must serve and file the opening brief within 42 days after record is filed. The appellee must serve and file the answer brief within 35 days after service of the opening brief. The appellant may serve and file a reply brief within 21 days after service of the answer brief. In cases involving cross-appeals the appellant must serve and file the opening brief within 42 days after the record is filed, the cross-appellant's opening-answer brief and the appellant's answer-reply brief shall be served and filed within 35 days after service of the opposing party's brief. The cross-appellant may serve and file a reply brief within 21 days after service of the appellant's answer-reply brief.

(b) Consequence of Failure to File. If an appellant or cross-appellant fails to file a brief within the time provided by this rule, or within an extended time as permitted by the court, the court may dismiss the appeal on its own motion or a motion to dismiss filed by the appellee or cross-appellee.

C.A.R. 31

Source: a amended March 17, 1994, effective 7/1/1994; b and c amended May 12, 1994, effective 7/1/1994; a amended and adopted December 14, 2011, effective 1/1/2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1 b.

Annotation Law reviews. For article, "The Problem of Delay in the Colorado Court of Appeals", see 58 Den. L.J. 1 (1980). Purpose and observance of rule. This rule is for the proper dispatch of business, and its observance is required in the interests of litigants generally. Wilson v. People, 25 Colo. 375, 55 P. 721 (1898); People v. J. H. Cooper Enterprises, 111 Colo. 338, 141 P.2d 414 (1943). Briefs may not be filed whenever or wherever counsel may find it convenient. Smith v. Woodall, 129 Colo. 435, 270 P.2d 746 (1954); Freeman v. Cross, 134 Colo. 437, 305 P.2d 759 (1957). Burden is clearly on appellants to make a timely filing of their opening brief pursuant to this rule and § 24-4-106(4), C.R.S.Warren Village, Inc. v. Bd. of Assmt. Appeals, 619 P.2d 60 (Colo. 1980); Wilkinson v. Motor Vehicle Div., 634 P.2d 1016 (Colo. App. 1981). Right to file answer brief is lost where no request for extension of time is made within the time limit the brief was due, except upon a showing that failure to act was the result of excusable neglect. Fraka v. Malernee, 129 Colo. 87, 267 P.2d 651 (1954). Court's discretion to dismiss. Dismissal for failure to comply with statutory time limitations for filing briefs is within the discretion of the trial court. Wilkinson v. Motor Vehicle Div., 634 P.2d 1016 (Colo. App. 1981). Time for filing when motion to dismiss appeal denied. Time for filing an answer brief on the merits, where a motion to dismiss an appeal is denied, shall commence to run on the date of the announcement of the opinion; otherwise, this rule will control in the matter of filing briefs. Johnson v. George, 119 Colo. 153, 200 P.2d 931 (1948). Judicial review of agency action pursuant to § 24-4-106(4), C.R.S., is subject to the time limitations specified in section (a) of this rule. Dismissal for failure to comply with statutory time limitations for filing briefs is left within the trial court's discretion. DuPuis v. Charnes, 668 P.2d 1 (Colo. 1983). Agreement between parties extending time not binding on court. A court is not bound by an agreement between parties which extends the time for filing briefs. Wilkinson v. Motor Vehicle Div., 634 P.2d 1016 (Colo. App. 1981). Applied in Smith v. County of El Paso, 42 Colo. App. 316, 593 P.2d 979 (1979); People v. Boivin, 632 P.2d 1038 (Colo. App. 1981). .