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New deadlines for felony appeals in Colorado

Posted by attorney Antony Noble

The Colorado Supreme Court has approved amendments to the Colorado Appellate Rules concerning computation of time. All of the new deadlines below become effective on January 1, 2012, except the new deadline to file a Notice of Appeal, which becomes effective on July 1, 2012.

The Notice of Appeal

The Notice of Appeal is due within 49 days after the entry of the judgment of conviction or order being appealed. C.A.R. 4(b)(1).

The Designation of Record

The Designation of Record is due within 14 days after the filing of the Notice of Appeal. C.A.R. 10(b).

The Record on Appeal

The Record on Appeal is due within 91 days after the filing of the Notice of Appeal. C.A.R. 11(a).

The Opening Brief

The Opening Brief is due within 42 days after the filing of the Record on Appeal. C.A.R. 31(a).

The Answer Brief

The Answer Brief is due within 35 days after service of the Opening Brief. C.A.R. 31(a).

The Reply Brief

The Reply Brief is due within 21 days after service of the Answer Brief. C.A.R. 31(a).

Oral Argument

A request for oral argument is due within 7 days after the close of briefs. C.A.R. 34(b)(2).

The Opinion

The rules do not provide a deadline for the Court of Appeals to issue its opinion, but the court generally takes about 3 to 6 months after the filing of the Reply Brief to issue its opinion.

Petition for Rehearing

A Petition for Rehearing is due within 14 days after the issuance of the opinion by the Court of Appeals. C.A.R. 40(a).

Petition for Writ of Certiorari

A Petition for Writ of Certiorari is due within 42 days after the isuance of the opinion by the Court of Appeals if no Petition for Reharing is filed, or within 28 days after the denial of the Petition for Rehearing. C.A.R. 52(b)(3).

The Mandate

The mandate shall issue 43 days after the issuance of the opinion by the Court of Appeals if no Petition for Rehearing is filed, or 29 days after the denial of the Petition for Rehearing. C.A.R. 41(b)(1),(2).

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