Rule 242.34 - Initiation of Appeal(a) Overview. To initiate an appeal, a party must timely file a notice of appeal with the supreme court and serve an advisory copy on the Presiding Disciplinary Judge. After that filing, the supreme court has exclusive jurisdiction over the appeal except as otherwise provided in this rule.(b) Contents of Notice of Appeal. Except as otherwise provided in this part VIII, the notice of appeal and any notice of cross-appeal should conform to the requirements set forth in C.A.R. 3(d). A notice of cross-appeal also must identify the party initiating the cross-appeal and all cross-appellees. Content of the notice of appeal is not jurisdictional.(c) Timing. (1) Validity of Appeal. An appellant's failure to timely file a notice of appeal affects the appeal's validity. An appellant's failure to timely take any other step does not affect the appeal's validity, though it is a basis for other action by the supreme court, including dismissing the appeal.(2) Initial Deadline. The notice of appeal must be filed with the supreme court within 21 days of entry of the final decision from which the party appeals. If a timely notice of appeal is filed, the appellee may file a notice of cross-appeal within 14 days of the filing of the initial notice of appeal, or within the time otherwise provided in this subsection (c), whichever period last expires.(3) Motions Under C.R.C.P. 59. (A) The Hearing Board or the Presiding Disciplinary Judge, as applicable, continues to have jurisdiction to decide a motion under C.R.C.P. 59 even if a notice of appeal has been filed, provided the C.R.C.P. 59 motion is timely filed under C.R.C.P. 59(a) and determined within 49 days (7 weeks) of the filing. During that time, all proceedings in the supreme court are stayed, and the effect of the final decision is also stayed.(B) The running of the time for filing a notice of appeal is terminated as to both parties by a timely motion filed by either party under C.R.C.P. 59.(C) The full time for filing a notice of appeal begins to run and is to be computed from the entry of any of the following orders made on a timely motion:(i) Granting or denying a motion under C.R.C.P. 59 to amend or make additional findings of fact, whether or not an alteration of the final decision would be required if the motion were granted;(ii) Granting or denying a motion under C.R.C.P. 59 to alter or amend the final decision;(iii) Denying a motion for a new hearing under C.R.C.P. 59; or(iv) Expiration of an extension of time granted by the Presiding Disciplinary Judge to file a motion for post-hearing relief under C.R.C.P. 59, when no motion is filed.(4) Extensions. On a showing of excusable neglect, the supreme court may extend a party's time for filing a notice of appeal for a period not to exceed 28 days from the expiration of the time otherwise provided in this subsection (c). Such an extension may be granted before or after the time otherwise provided in this subsection (c) has expired. But if a request for an extension is made after the prescribed time has expired, it must be made by motion with such notice as the supreme court deems appropriate.(d) Filing and Docketing. (1) Fee. The appellant must pay the clerk of the supreme court the applicable docket fee for civil proceedings when filing the notice of appeal or when filing any documents with the supreme court, if those documents are filed before the notice of appeal. The applicable docket fee for an appellee in civil proceedings must be paid on entry of appearance for the appellee.(2) Docketing. The clerk of the supreme court will docket the appeal on receiving the appellant's docket fee or, if the appellant is authorized to proceed in forma pauperis, at the written request of that party. The matter will be docketed as: SUPREME COURT, STATE OF COLORADO
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ORIGINAL PROCEEDING IN DISCIPLINE [OR DISABILITY]
IN THE MATTER OF [the name of the LAWYER]
(e) Leave to Proceed In Forma Pauperis. A party may file with the Presiding Disciplinary Judge a motion for leave to proceed on appeal in forma pauperis. The motion must be accompanied by an affidavit showing the party's inability to pay costs. If the motion is granted, the party may proceed without prepaying fees or costs or giving security. The party may file briefs and other papers in typewritten form, and may request that the appeal be heard on the original record without the necessity of reproducing parts thereof in any form.Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.