How Do I Appeal a Discovery Ruling in a Divorce?
Full Question:
Answer:
Under C.A.R. 4(b), the notice of appeal must be filed within forty-five days after the entry of a final judgment or order. A final judgment is generally defined as one that ends the particular action in which it is entered, leaving nothing further for the pronouncing court to do in order to completely determine the rights of the parties involved.
For further discussion, please see:
http://www.dcba.org/brief/aprissue/2006/art30406.htm
Please see the following CO laws:
RULE 3. APPEAL AS OF RIGHT — HOW TAKEN
(a) Filing the Notice of Appeal in Appeals from Trial
Courts. An appeal permitted by law from a trial court to
the appellate court shall be taken by filing a notice of
appeal with the clerk of the appellate court within the time
allowed by C.A.R. 4. Upon the filing of the notice of
appeal, the appellate court shall have exclusive
jurisdiction over the appeal and all procedures concerning
the appeal unless otherwise specified by these rules. An
advisory copy of the notice of appeal shall be served on the
clerk of the trial court within the time for its filing in
the appellate court. Failure of an appellant to take any
step other than the timely filing of a notice of appeal in
the appellate court does not affect the validity of the
appeal, but is a ground only for such action as the
appellate court deems appropriate, which may include
dismissal of the appeal. Content of the notice of appeal
shall not be deemed jurisdictional.
(b) Filing the Notice of Appeal or Petition for Review in
Appeals from State Agencies. An appeal permitted by
statute from a state agency directly to the court of appeals
or appellate review from a district court shall be in the
manner and within the time prescribed by the particular
statute.
(c) Joint or Consolidated Appeals. If two or more
persons are entitled to appeal from a judgment or order of a
trial court and their interests are such as to make joinder
practicable, they may file a joint notice of appeal, or may
join in appeal after filing separate timely notices of
appeal, and they may thereafter proceed on appeal as a
single appellant. Appeals may be consolidated by order of
the appellate court upon its own motion or upon motion of a
party, or by stipulation of the parties to the several
appeals.
(d) Contents of the Notice of Appeal in Civil Cases
(Other Than District Court Review of Agency Actions and
Appeals From State Agencies). The notice of appeal shall
set forth:
(1) A caption that complies in form with C.A.R. 32. In the
caption:
(A) The case title in compliance with C.A.R. 12(a);
(B) The trial court from which the appeal is taken;
(C) The trial court judge;
(D) The party or parties initiating the appeal; and
(E) The trial court case number.
(2) A brief description of the nature of the case including:
(A) A general statement of the nature of the controversy
(not to exceed one page);
(B) The judgment, order or parts being appealed and a
statement indicating the basis for the appellate court's
jurisdiction;
(C) Whether the judgment or order resolved all issues
pending before the trial court including attorneys' fees and
costs;
(D) Whether the judgment was made final for purposes of
appeal pursuant to C.R.C.P. 54(b);
(E) The date the judgment or order was entered (if there is
a question of the date, set forth the details) and the date
of mailing to counsel;
(F) Whether there were any extensions granted to file any
motion(s) for post-trial relief. If so, the date of the
request, whether the request was granted and the date to
which filing was extended;
(G) The date any motion for post-trial relief was filed;
(H) The date any motion for post-trial relief was denied or
deemed denied under C.R.C.P. 59(j); and
(I) Whether there were any extensions granted to file any
notice(s) of appeal. If so, the date of the request, whether
the request was granted and the date to which filing was
extended.
(3) An advisory listing of the issues to be raised on
appeal;
(4) Whether the transcript of any evidence taken before the
trial court or any administrative agency is necessary to
resolve the issues raised on appeal, the name of the court
reporter, and the approximate length of any transcript of
testimony anticipated to be filed in this action;
(5) As to filings in the Court of Appeals only, state
whether or not a preargument conference is requested;
(6) The names of counsel for the parties, their addresses,
telephone numbers, and registration numbers;
(7) An appendix containing a copy of the judgment or order
being appealed, the findings of the court, if any, the
motion for new trial, if any, and a copy of the trial
court's order granting or denying leave to proceed in forma
pauperis if appellant is filing without docket fee pursuant
to C.A.R. 12(b); and
(8) A certificate of service, in compliance with C.A.R. 25
showing service of a copy of the notice of appeal (with
attachments) on the trial court and all other parties to the
action in the trial court.
(e) Contents of Notice of Appeal from State Agencies
(Other Than the Industrial Claim Appeals Office) Directly to
the Court of Appeals. The Notice of Appeal Shall Set
Forth:
(1) A caption that complies in form with C.A.R. 32. In the
caption:
(A) The case title in compliance with C.A.R. 12(a);
(B) The agency from which the appeal is taken;
(C) The party or parties initiating the appeal; and
(D) The agency case number.
(2) A brief description of the nature of the case including:
(A) A general statement of the nature of the controversy
(not to exceed one page);
(B) The order being appealed and a statement indicating the
basis for the appellate court's jurisdiction;
(C) Whether the order resolved all issues pending before the
agency;
(D) Whether the order is final for purposes of appeal; and
(E) The date of service of the final order entered in the
action by the agency. The date of service of an order is the
date on which a copy of the order is delivered in person,
or, if service is by mail, the date of mailing.
(3) An advisory listing of the issues to be raised on
appeal;
(4) Whether the transcript of any evidence taken before the
administrative agency is necessary to resolve the issues
raised on appeal, and the approximate length of any
transcript of testimony anticipated to be filed in this
action;
(5) The names of counsel for the parties, their addresses,
telephone numbers, and registration numbers;
(6) An appendix containing a copy of the order being
appealed and the findings of the agency, if any; and
(7) A certificate of service in compliance with C.A.R. 25
showing service of a copy of the notice of appeal (with
attachments) on the state agency and all other persons who
have appeared as parties to the action before the agency, or
as required by 24-4-106(4), C.R.S. concerning rule-making
appeals.
(f) Contents of Notice of Appeal from District Court
Review of Agency Actions. The notice of appeal shall set
forth:
(1) A caption that complies in form with C.A.R. 32. In the
caption:
(A) The case title in compliance with C.A.R. 12(a);
(B) The district court from which this appeal is taken;
(C) The district court judge;
(D) The agency from which the judicial review is sought;
(E) The party or parties initiating the appeal;
(F) The district court case number; and
(G) The agency case number.
(2) A brief description of the nature of the case including:
(A) A general statement of the nature of the controversy
(not to exceed one page);
(B) The decision or order being appealed and a statement
indicating the basis for the appellate court's jurisdiction;
(C) Whether the decision or order resolved all issues
pending before the agency;
(D) Whether the decision or order is final for purposes of
appeal;
(E) The date the decision or order was entered (if there is
a question of the date, set forth the details) and the date
of mailing to counsel;
(F) Whether there were any extensions granted to file any
motion(s) for post-trial relief. If so, the date of the
request, whether the request was granted and the date to
which filing was extended;
(G) The date any motion for post-trial relief was filed;
(H) The date any motion for post-trial relief was denied or
deemed denied under C.R.C.P. 59(j);
(I) The date the notice of intent to seek appellate review
was filed with the district court (C.R.S. 24-4-106(9)); and
(J) Whether there were any extensions granted to file any
notice(s) of appeal. If so, the date of the request, whether
the request was granted and the date to which filing was
extended.
(3) An advisory listing of the issues to be raised on
appeal;
(4) Whether the transcript of any evidence taken before the
administrative agency is necessary to resolve the issues
raised on appeal, and the approximate length of any
transcript of testimony anticipated to be filed in this
action;
(5) The names of counsel for the parties, their addresses,
telephone numbers, and registration numbers;
(6) An appendix containing a copy of the decision or order
being appealed, the agency order and the findings of the
agency, if any; and
(7) A certificate of service in compliance with C.A.R. 25
showing service of a copy of the notice of appeal (with
attachments) on the reviewing court, the agency and all
other persons who have appeared as parties to the district
court proceedings.
(g) Contents of the Notice of Appeal in Criminal
Cases. The Notice of Appeal Shall Set Forth:
(1) A caption that complies in form with C.A.R. 32. In the
caption:
(A) The case title in compliance with C.A.R. 12(a);
(B) The district court from which the appeal is taken;
(C) The party or parties initiating the appeal;
(D) The trial court case number; and
(E) The trial court judge.
(2) A brief description of the nature of the case including:
(A) A general statement of the nature of the case;
(B) The charges upon which defendant was tried;
(C) The charges for which defendant was convicted;
(D) The date judgment of conviction was entered;
(E) The date the sentence was imposed;
(F) The sentence; and
(G) A statement indicating the basis for the appellate
court's jurisdiction.
(3) Whether an appeal bond was granted and, if so, the
amount of the bond;
(4) An advisory listing of the issues to be raised on
appeal;
(5) Whether any transcript of evidence taken at trial is
necessary to resolve the issues on appeal, whether such
transcript will exceed twenty-five pages in length, and the
name of the court reporter;
(6) The names of counsel for the parties, their addresses,
telephone numbers, and registration numbers;
(7) An appendix containing a copy of the judgment or order
being appealed, the mittimus, the findings of the court, if
any, the motion for new trial, if any, and a copy of the
trial court's order granting or denying leave to proceed in
forma pauperis if appellant is filing without docket fee
pursuant to C.A.R. 12(b); and
(8) A certificate of service in compliance with C.A.R. 25
showing service of a copy of the notice of appeal (with
attachments) on the trial court and all other parties to the
action in the trial court.
(h) Contents of any Notice of Cross-Appeal. A notice
of cross-appeal shall set forth the same information
required for a notice of appeal and shall set forth the
party initiating the cross-appeal and designate all
cross-appellees.
(i) Number of Copies to be Filed. Five copies of the
notice of appeal or cross-appeal shall be filed with the
original.
