Appellate Services

Our law firm has substantial experience representing clients in the Colorado appellate courts.  A number of decisions involving our firm have been published in both state and federal reporters.

When a trial court has erred in excluding or admitting evidence, or has erred in applying the law correctly (or has erred in some other manner), we can initiate the appellate process for our client.

Colorado Appellate Courts

Colorado has a two-tier appellate court system comprised of the Colorado Court of Appeals and the Colorado Supreme Court.  The Colorado Court of Appeals is usually the first court of appeals for decisions from the district courts, Denver Probate Court, and Denver Juvenile Court.  The Court of Appeals also reviews decisions of several state administrative agencies.  Its determination of an appeal is final unless the Colorado Supreme Court agrees to review the matter.  The Colorado Supreme Court is the court of last resort in Colorado’s state court system. The court generally hears appeals from the Court of Appeals, although in some instances individuals can petition the Supreme Court directly regarding a lower court’s decision.

The Appellate Process and Client Objectives

The appellate process can be lengthy and expensive.  Before recommending that a case be appealed, we advise clients on the process involved, the standard of review required concerning any possible errors, and our view regarding what it will take to win.  In some instances, during the appellate process or following a ruling by the appellate court, there may also be opportunities to negotiate a settlement with the opposing party upon terms favorable to our client.  If these opportunities are available, it is often desirable that they be pursued.

Our strategy is determined by our clients.  Regardless of the strategy chosen, we work hard to achieve the best possible outcome for our client.

Appellate Deadlines

It is important to contact appellate counsel as soon as possible following the conclusion of a trial, as there will be deadlines that will follow very soon after the conclusion of the trial.  Because it may take some time to carefully review the trial transcripts, this process should be started as soon as possible.

Oral Arguments

In many cases, the appellate court will hold oral arguments.  Oral arguments provide the attorneys on both sides with a brief opportunity to argue their position in front of the appellate court.  These arguments are not based upon matters such as whether a jury should have made a different decision, but instead whether the trial court erred in some respect as a matter of law.  Often the appellate judges or justices question attorneys extensively during this process so that they may understand the precise legal theory being advocated.

To find out more about our appellate practice and how we may be able to help you, please contact us.