When Should You Appeal?
After a jury or judge has made a judgment in a civil or personal injury lawsuit, this may not necessarily be the end of the case with the Colorado legal system. If either party involved in the civil action disagrees with the final decision or believes that the judgment is in error, the concerned party may appeal to the district court by filing a Notice of Appeal within the next 14 days.
Common Grounds for Appeals
It is possible that the judge or jury can make a serious legal mistake that affects the outcome of a case. Some common ground for appeals include:
- There was a misapplication of the law
- The judge allowed the introduction of inadmissible evidence
- There was judge or juror bias
- Ineffective counsel
Understanding The Appeals Process
It’s important to understand that an appeal is not a new trial. The appeals court reviews the proceedings and judicial rulings of the trial or lower court to determine whether any legal mistakes occurred that significantly altered the judge's final decision. The appeals process in Colorado is as follows:
Filing a Notice of Appeal
A case begins in the court of appeals when a party files a notice of appeal. The notice of appeal must be filed within 14 days after the final decision was made by the judge in the trial court.
Filing an Appeal Bond
Also, the appealing party must file an appeal bond with the county clerk within the same time frame. The county court determines the amount of the appeal bond, and is intended to cover the judgment amount and appeal costs, should the appealing party lose the appeal
Preparation of the Appeal Record
The court clerk prepares and issues a record of the proceeding in the county court, including the summons, the complaint, a complete transcript of the hearing, proof of service, and the final judgment.
Screening for Jurisdictional Issues
After a party files a notice of appeal, the case will be screened by the motions and jurisdiction counsel for jurisdictional issues. The appealing party will then have 21 days to file the appeal brief with the district court. Briefs filed by the appellant will be screened by the law clerks to ensure that they comply with the court of appeals’ formatting rules.
Determination of Appeal
Once a case is fully briefed, the case becomes "at issue." This will be circulated between a panel of three judges. The judges will review the appeal briefs, the record, and render its decision. Once the court has made a decision, the judgment on appeal shall be certified to the lower court for appropriate action.
How Can an Appellate
Litigation Attorney Help?
Just because a civil or personal injury lawsuit is finalized doesn't mean the decision can't be overturned. If you believe that a civil judgment was unfairly or wrongly awarded, it’s important you immediately retain a knowledgeable Colorado appellate litigation attorney to protect your rights and oversee the process of your appeal.
At Landry Law, P.C, our attorneys have devoted their careers to providing strong representation when handling complex civil and personal injury issues related to appellate matters. As your legal counsel, we will help you navigate the appellate process and continue fighting for the justice that you deserve. With our team on your side, you can increase your chances of receiving a favorable outcome in your appeal.