By: Curtis Wiberg
In my previous blog post on the subject of Colorado family law appeals, I blogged about appellate strategies and standards of review for appealing domestic relations case rulings. In Part 2 of this article, I discuss appellate procedures. As a Denver area family law attorney who also practices appeals, I cannot stress enough how important it is at the appellate level to make sure procedures and deadlines are adhered to.
In any appeal, it is imperative to pay attention to deadlines, because any missed deadline along the way can be fatal to your appeal. The first deadline is the appellant must make is to file a Notice of Appeal with the Court of Appeals (with a courtesy copy to the District Court), within 49 days of the filing of the issuance and submission of the final orders of the District Court. This deadline is a jurisdictional prerequisite, so if this deadline is missed, the ability to appeal is lost (absent a very hard to prove standard requiring a showing of “excusable neglect”). If you file a Motion for Post-Trial Relief under C.R.C.P. 59, that 49 day deadline begins to run from the Court’s order addressing this motion. Note that if a Court does not issue an order and remains silent on a Rule 59 motion, the motion is considered denied after the passing of 63 days from the filing of a Rule 59 motion. This is a subtle deadline even some misinformed Colorado attorneys might miss. Continue reading