Are you involved in a divorce or child custody case involving an appeal? (The Colorado statutory tiles for these are dissolution of marriage and allocation of parental responsibilities). An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count. It is important to understand the differences between magistrates and district court judges as well as to be informed about recent changes in the magistrate review process.
Once a petition for writ of certiorari is filed, opposing parties have 14 days to file a response. If a response is filed, the Appellant will then have seven days to file a reply. Filing a response or reply is optional. If certiorari is granted, the case will then proceed to briefing on the merits. Briefs must comply with the content and length requirements of (Colorado Appellate Rules) C.A.R. 28. The Appellant’s opening brief is due within 42 days after the petition for certiorari is granted, and the Appellee’s answer brief is due within 35 days after the filing of the petitioner’s brief. If a petition for certiorari is denied, then the lower court’s ruling becomes final.61
One important issue on appeal is whether the underlying judgment will be stayed pending appeal. A party may request a stay during the pendency of the petition filing process or during the pendency of certiorari review. A party must first request a stay from the lower appellate court before requesting a stay from the Colorado Supreme Court. If the lower appellate court grants a stay, there is no need to request one from the Colorado Supreme Court.
Remands and MandatesIf an appellate court determines that there was reversible error, the court typically remands the matter to the district court to reconsider based on the error. The remand order might require the district court to hear additional evidence. If the issue involves parenting time, generally a new hearing is held to determine the current best interests of the child, as those interests can change over time when circumstances change. Also, requests for attorney fees are typically remanded to determine the reasonableness of the fee request.
An appellate court closes an appeal and transfers jurisdiction to a lower court via mandate. The clerk of the court will issue the mandate with a copy of the appellate court judgment. Generally, the court of appeals mandate issues no earlier than 42 days after the judgment.The district court does not regain jurisdiction over the case until the court of appeals issues a mandate, if the district court had lost jurisdiction due to the appeal. The district court does not necessarily lose jurisdiction over all issues once an appeal is filed. Sometimes the court only loses jurisdiction over the specific issues on appeal.
Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child CustodyA highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.
Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find here. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid one-hour advice sessions for a more in-depth analysis of your case.