Colo. R. App. P. 37

As amended through Rule Change 2024(7), effective April 4, 2024

Rule 37 - Interest on Judgments

(a) When the Court Affirms. Unless the law provides otherwise, if a money judgment in a civil case is affirmed, whatever interest is allowed by law is payable from the date on which the judgment was entered in the lower court.

(b) When the Court Does Not Affirm. If a all or part of a judgment is dismissed, vacated, modified, reversed, or set aside with a direction that a money judgment be entered in the lower court, the mandate must contain instructions with respect to allowance of interest.

C.A.R. 37

Annotation This rule is identical to Federal Appellate Rule 37. Pet Inc. v. Goldberg, 37 Colo. App. 257, 547 P.2d 943 (1975). Appellate court's authority to determine interest is exclusive. While the appellate court may, of course, remand to the trial court for a determination of the proper statutory interest, the trial court, without such an instruction, lacks jurisdiction to enter any amount of interest not stated in the mandate. Pet Inc. v. Goldberg, 37 Colo. App. 257, 547 P.2d 943 (1975); In re Gutfreund, 148 P.3d 136 (Colo. 2006). Proper method of attacking an appellate court's instructions as to interest is to petition for amendment or recall of the mandate. Such a procedure is available in Colorado. Pet Inc. v. Goldberg, 37 Colo. App. 257, 547 P.2d 943 (1975). Applied in Loesekan v. Benefit Trust Life Ins. Co., 37 Colo. App. 493, 552 P.2d 36 (1976); Westec Constr. Mgmt. Co. v. Postle Enter. I, Inc., 68 P.3d 529 (Colo. App. 2002).