Rule 52 - Review on Certiorari-Time for Petitioning(a)Petition for Rehearing Optional. Filing a petition for rehearing in the intermediate appellate court before seeking certiorari review in the supreme court is optional.(b)Time to File.(1)In General. Except as provided in subsections (2) and (3) of this rule, a petition for writ of certiorari must be filed within 42 days after entry of the judgment on appeal if no petition for rehearing is filed. If a petition for rehearing is filed, the petition for writ of certiorari must be filed within 28 days after the intermediate appellate court's denial of the petition for rehearing. No certiorari proceeding may be initiated in the supreme court until the time for filing a petition for rehearing in the intermediate appellate court has expired.(2)In Workers' Compensation and Unemployment Insurance Cases. A petition for writ of certiorari to review a judgment of the court of appeals in workers' compensation and unemployment insurance cases must be filed in the supreme court within 28 days after the issuance of the court of appeals opinion if no petition for rehearing is filed, or within 14 days after the denial of a petition for rehearing by the court of appeals.(3)In Dependency or Neglect Cases. A petition for writ of certiorari to review a judgment of the court of appeals in dependency or neglect cases must be filed within 28 days after issuance of the court of appeals opinion if no petition for rehearing is filed, or within 14 days after the denial of a petition for rehearing by the court of appeals.Source: b amended June 4, 1987, effective 1/1/1988; a amended and effective 5/17/1990; b amended July 11, 1991, effective 7/1/1991; b amended and adopted November 20, 1998, effective 1/1/1999; b3 amended and effective 2/7/2008; b3 amended and effective 5/28/2009; a and b3 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; amended and adopted June 7, 2018, effective 7/1/2018; amended and adopted by the Court, En Banc, February 24, 2022, effective 7/1/2022.COMMENTS
C.A.R. 52 has been revised to recognize that petitions for rehearing of a district court's review of a county court judgment are permissible, and if a petition for rehearing is filed, the petition for writ of certiorari must be filed within 28 days after the district court's denial of the petition for rehearing.
C. A.R. 52(b)(3) is a new subsection and is consistent with the petition for writ of certiorari requirements set forth in C.A.R. 3.4(l).
Annotation Law reviews. For article "A Summary of Colorado Supreme Court Internal Operating Procedures", see 11 Colo. Law, 356 (1982). When a petition for rehearing of a municipal court judgment is timely filed in the district court, the district court judgment will not become final for purposes of this rule until the district court denies the petition. City of Aurora v. Rhodes, 689 P.2d 603 (Colo. 1984). If a party files a conditional cross-petition for certiorari of issues not reached unless the underlying judgment is disturbed, there is no requirement that the party first file a petition for rehearing in the court of appeals. Farmers Group, Inc. v. Williams, 805 P.2d 419 (Colo. 1991). Health maintenance organization (HMO) could not seek certiorari where HMO was dismissed from suit on its motion for summary judgment, was not a party in the court of appeals, was not substantially aggrieved by the disposition of the case by the court of appeals, and did not file the prerequisite petition for rehearing. Colo. Permanente Medical Group v. Evans, 926 P.2d 1218 (Colo. 1996). Applied in Honey v. Ranchers & Farmers Livestock Auction Co., 191 Colo. 503, 553 P.2d 799 (1976); Wiggins v. People, 199 Colo. 341, 608 P.2d 348 (1980); People v. Dee, 638 P.2d 749 (Colo. 1981); Byrd v. People, 58 P.3d 50 (Colo. 2002).