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Appeals

INFORMATION ON APPEALS
FROM THE WESTMINSTER MUNICIPAL COURT
TO THE ADAMS COUNTY 17th JUDICIAL DISTRICT COURT

Warning: this is an outline of the appeal procedure. It is not a complete advisement of your rights, nor does it represent all procedures that must be followed to properly appeal your case. Consult an attorney to answer any legal questions.

THE COURT CLERKS, BY LAW, CANNOT PROVIDE LEGAL ADVICE.

  • An appeal in the Westminster Municipal Court is a request for the Adams County 17th Judicial District Court to review the ruling of a Westminster Municipal Court judge. The review is based solely on the record of the hearing or trial made in the municipal court and is not a new trial.
  • Appeals must follow State Statutes and Colorado Rules of Criminal Procedure, Rule 37, and Colorado Municipal Court Rules of Procedure, Rule 237.
  • Consultation with an attorney regarding the filing of an appeal is recommended but not required.
  • Rules and forms can be obtained from the Adams County 17th Judicial District Court at the address below:
                      Adams County Justice Center
                      1100 Judicial Center Drive
                      Brighton, Colorado  80601
  • Or from the State website at www.courts.state.co.us choose forms, choose appeals.

The following rules have been edited to apply to municipal court and some information has been deleted.  Please read the rule in its entirety for all of the information.  You can find the rule on the web at http://www.lexisnexis.com/hottopics/clorado/ and/or consult an attorney to complete your appeal.

RULE 37  Appeals (with modifications for municipal court in parentheses and some paragraph deletions)    

(a) Effective July 1, 2012.  Filing Notice of Appeal and Docketing Appeal.  The district (prosecuting) attorney may appeal a question of law, and the defendant may appeal a judgment of the county (municipal) court in a criminal action under simplified procedure to the district court of the county.  To appeal the appelant shall, within 35 days after the date of entry of the judgment or the denial of post trial motions, whichever is later, file notice of appeal in the municipal court, post such advance costs as may be required for the preparatin of the record and serve a copy of the notice of appeal upon the appellee.  He shall also, within such 35 days, docket the appeal in the district court and pay the docket fee.  No motion for new trial or in arrest of judgment shall be required as a prerequisite to an appeal, but such motions if filed shall be pursuant to Rule 33(b) of these Rules.

(b) Effective July 1, 2012.  Contents of Notice of Appeal and Designation of Record.   The notice of appeal shall state with particularity the alleged errors of the county (municipal) court or other grounds relied upon for the appeal, and shall include a stipulation or designation of the evidence and other proceedings which the appellant desires to have included in the record certified to the district court. If the appellant intends to urge upon appeal that the judgment or a finding or conclusion is unsupported by the evidence or is contrary to the evidence, the appellant shall include in the record a transcript of all evidence relevant to such finding or conclusion. The appellee shall have 14 days after service upon him of the notice of appeal to file with the clerk of the county (municipal) court and serve upon the appellant a designation of any additional parts of the transcript or record which he deems necessary. The advance cost of preparing the additional record shall be posted by the appellant with the clerk of the county (municipal) court within 7 days after service upon him of the appellee's designation, or the appeal will be dismissed. If the district court finds that any part of the additional record designated by the appellee was unessential to a complete understanding of the questions raised by the appeal, it shall order the appellee to reimburse the appellant for the cost advanced for the preparation of such part without regard to the outcome of the appeal.

(c) Effective July 1, 2012. Contents of Record on Appeal. Upon the filing of a notice of appeal and upon the posting of such advance costs by the appellant, as may be required for the preparation of a record, unless the appellant is granted leave to proceed as an indigent, the clerk of the county (municipal) court shall prepare and issue as soon as may be possible a record of the proceedings in the county (municipal) court, including the summons and complaint or warrant, the separate complaint if any has been issued, and the judgment. The record shall also include a transcription or a joint stipulation of such part of the actual evidence and other proceedings as the parties may designate. If the proceedings have been electrically recorded, the transcription of designated evidence and proceedings shall be prepared in the office of the clerk of the court, either by him or under his supervision, within 42 days after judgment or within such additional time as may be granted by the county (municipal) court. The clerk shall notify in writing the opposing parties of the completion of the record, and such parties shall have 14 days within which to file objections. If none are received, the record shall be certified forthwith by the judge. If objections are made, the parties shall be called for hearing and the objections settled by the county (municipal) judge and the record then certified.

(d) Filing of Record. When the record has been duly certified and any additional fees therefore paid, it shall be filed with the clerk of the district court by the clerk of the county (municipal) court, and the opposing parties shall be notified by the clerk of the county (municipal) court of such filing.

(e) Effective July 1, 2012. Briefs. A written brief setting out matters relied upon as constituting error and outlining any arguments to be made shall be filed in the district court by the appellant within 21 days after certification of the record. A copy of the appellant's brief shall be served upon the appellee. The appellee may file an answering brief within 21 days after such service. A reply brief may be filed within 14 days after service of the answering brief. In the discretion of the district court, the time for filing briefs and answers may be extended.

(f) Stay of Execution. Pending the docketing of the appeal, a stay of execution shall be granted by the county (municipal) court upon request. If a sentence of imprisonment has been imposed, the defendant may be required to post bail, and if a fine and costs have been imposed, a deposit of the amount thereof may be required by the county (municipal) court. Upon a request for stay of execution made any time after the docketing of the appeal, such action may be taken by the district court. Stays of execution granted by the county (municipal) court or district court and, with the written consent of the sureties if any, bonds posted with such courts shall remain in effect until after final disposition of the appeal, unless modified by the district court.

(g), (h), and (i) not printed – see the rule for this information.

 

 

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