Colo. R. App. P. 53

As amended through Rule Change 2024(9), effective May 2, 2024
Rule 53 - Petition for Writ of Certiorari and Cross-Petition for Writ of Certiorari
(a)The Petition. The petition for certiorari must comply with C.A.R. 32 and must contain the following under appropriate headings and in the order here indicated:
(1) a table of contents, with page references;
(2) a table of authorities-cases (alphabetically arranged), statutes, and other authorities-with references to the pages of the petition or cross-petition where they are cited;
(3) an advisory listing of the issues presented for review expressed in the terms and circumstances of the case but without unnecessary detail. The statement of an issue presented will be deemed to include every subsidiary issue clearly comprised therein. Only the issues set forth or fairly comprised therein will be considered.
(4) a reference to the official or unofficial reports of the opinion, judgment, or decree from which review is sought;
(5) an concise statement of the grounds on which jurisdiction of the supreme court is invoked, showing:
(A) the date of the opinion, judgment, or decree sought to be reviewed and the time of its entry;
(B) the date of any order respecting a rehearing and the date and terms of any supreme court order granting an extension of time within which to petition for writ of certiorari;
(6) a reference to any pending cases in which the supreme court has granted certiorari review on the same legal issue on which review is sought;
(7) a concise statement of the case containing the matters material to consideration of the issues presented;
(8) A direct and concise argument explaining the reasons relied on for the issuance of the writ, whether the issues raised in the petition were preserved in the lower court, and the applicable standard of review; and
(9) an appendix containing:
(A) a copy of any opinion, judgment, or decree from which review is sought;
(B) the text of any pertinent statute, rule, ordinance, or regulation not currently in effect or not generally available in electronic format.
(b)Cross-Petition. Any cross-petition must be filed and served within 14 days after service of the petition for writ of certiorari. A cross-petition must comply with C.A.R. 32 and must have the same contents, in the same order, as the petition.
(c)Opposition Brief.
(1)In General. An opposition brief is not required. If a party files an opposition brief, the brief must comply with C.A.R. 53(a)(1)-(3) and the following timing requirements:
(2)By the Respondent. Any opposition brief filed by a respondent must be filed and served within 14 days after service of the petition. If a respondent files a cross-petition, any opposition brief and cross-petition may be combined.
(3)By the Petitioner. Any opposition brief filed by a petitioner must be filed within 14 days after service of the cross-petition.
(d)Reply Brief. A reply brief is not required. If a petitioner or cross-petitioner files a reply brief, the brief must be filed and served within 7 days after service of an opposition brief. The reply brief must comply with C.A.R. 32. In dependency or neglect appeals, pursuant to C.A.R. 3.4(l), no reply briefs are allowed.
(e)No Separate Brief. No separate brief may be appended to the petition, any cross-petition, the opposition brief, or the reply brief.
(f)Length of Petition, Cross-Petition, Opposition, and Reply Briefs.
(1) A petition, cross-petition, opposition brief, and combined cross-petition and opposition brief must contain no more than 3,800 words. A reply brief must contain no more than 3,150 words. Headings, footnotes, and quotations count toward the word limitation. The caption, table of contents, table of authorities, certificate of compliance, certificate of service, and signature block do not count toward the word limit.
(2) A self-represented party who does not have access to a word-processing system must file a typewritten or legibly handwritten petition, cross-petition, opposition brief, or combined cross-petition and opposition brief containing no more than 12 double-spaced and single-sided pages, or a reply brief of no more than 10 double-spaced and single sided pages.
(3) A party may file a motion to exceed the word limitation explaining the reasons why additional words are necessary. The motion must be filed with the document for which the party seeks to expand the word limit. Motions to exceed the word limitation will be granted rarely and only upon a showing of exceptional need to exceed the word limitation.
(g)Amicus Briefs. An amicus curiae may file a brief in support of or in opposition to a petition, opposition, or cross-petition only by leave of court or at the court's request. Leave to file an amicus brief must be sought in accordance with C.A.R. 29(b) and may not be filed until after a petition for writ of certiorari has been filed. Amicus briefs must comply with the content and form requirements of C.A.R. 29(c). Except by the court's permission, an amicus brief must contain no more than 3,150 words. An amicus brief must be filed within 7 days after the filing of the petition, opposition, or cross-petition that the amicus brief supports. An amicus curiae that does not support either party must file its brief within 7 days after the filing of the petition or cross-petition in which the issue to which the amicus brief is directed was first raised.
(h)Filing and Service. Filing and service must be in the same manner as provided in C.A.R. 25.

C.A.R. 53

Source: Entire rule repealed and readopted August 30, 1985, effective 1/1/1986; IPa and b to d amended and effective 7/8/1993; rule title amended and effective 4/7/1994; a7 repealed, e amended, and f added April 4, 1996, effective 7/1/1996; entire rule amended and adopted February 24, 2005, effective 7/1/2005; b, c, and d 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; amended and adopted by the Court, En Banc, March 23, 2023, effective 3/23/2023.

Annotation Law reviews. For article, "A Summary of Colorado Supreme Court Internal Operating Procedures", see 11 Colo. Law. 356 (1982). For article, "Amendments to Appellate Rules Concerning Type Size and Word Count", see 34 Colo. Law. 27 (June 2005). The petition for writ of certiorari is an application of right. Bill Dreiling Motor Co. v. Court of Appeals, 171 Colo. 448, 468 P.2d 37 (1970). 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). Issue held not to be fairly comprised within issues raised by petition for certiorari, as required by subsection (a)(3). Vigoda v. Denver Urban Renewal Auth., 646 P.2d 900 (Colo. 1982). Applied in County of Clearwater v. Petrash, 198 Colo. 231, 598 P.2d 138 (1979).