If either party in a civil action believes the judgment of a Judge or Jury in County Court is in error, that party may appeal to the Denver District Court.
Court clerks cannot give you legal advice on whether or not or how you should proceed. If you need assistance, you should consider consulting an attorney.
Rule 411 of the Colorado Rules of County Court Civil Procedure defines what must be done to file an appeal. If all requirements for filing an appeal are not met, your appeal may be dismissed and the judgment remains in place.
STEPS TO FILING YOUR APPEAL
Within 14 days after the date of judgment you must do the following:
- File a Notice of Appeal and Designation of Record with the County Court online or in person at the Clerk’s Office in Room 135, 1437 Bannock Street. You will need to state the alleged errors made by the County Court and tell what you would like to be included in the record sent to the District Court. Make sure you list all dates and types of hearings you would like transcribed. Complete all sections of the form and prepare two (2) originals. One original is filed with the County Court and the other is filed with the Denver District Court. (If filing online, the form will be submitted electronically to County Court. You should print two copies of the form. One for filing in District Court and one for your records.)
- Pay a $200 transcript deposit to the County Court. This can be done online or in person by cash, money order, or credit card. Once the transcriber reviews the length of the hearings you designated to be transcribed, the transcriber will calculate the approximate cost and time necessary to produce the transcript(s). If the $200 deposit is not enough to cover the cost, the transcriber will contact you for additional monies. Once the money is received, the transcriber will complete the transcript(s). Rule 411 of the Colorado Rules of Civil Procedure requires the record, including the transcript, is completed within 42 days of the filing of the Notice of Appeal. If the transcriber cannot produce the transcript in the required time, the transcriber will contact you to motion the court for an extension of time to produce the transcript. (Motion For Extension of Time to Produce the Transcript
) - Once the Judge sets the appeal bond, the Appeal’s Clerk will notify you via email. The appeal bond may be the amount of judgment, the amount of rent, or any designated amount set by the Judge. You must post the bond in cash or certified funds in person at the Clerk’s Office located in Room 135, 1437 Bannock Street. (Make sure to include your phone number and email information on the Notice of Appeal and Designation of Record.
NOTE: You can complete Steps 1 and 2 online.
Within 35 days after the date of filing the Notice of Appeal with County Court, you must also do the following:
- File a signed Notice of Appeal and Designation of Record with the Denver District Court in Room 256 at 1437 Bannock Street. The Denver District Court will assign and enter a new District Civil (CV) case number on this original. Make two (2) copies; one to provide to the other party and one for your records. Note: Parties represented by an attorney, must file electronically via the Colorado State Judicial efiling system.
- Mail a copy of the Notice of Appeal and Designation of Record to the opposing party.
- Complete the Certificate of Mailing portion of the Notice of Appeal and Designation of Record form indicating you have mailed a copy of the Notice to the opposing party. File a copy with both the County Court and the Denver District Court.
- Pay a filing fee to District Court or file a Motion to File Without Payment and Supporting Financial Affidavit and Order .
Once you file the Notice of Appeal and Designation of Record, post the appeal bond, and the transcript deposit, an automatic stay of execution enters in the County Court, which means all further proceedings are stopped until the appeal is decided by the Denver District Court.
NOTE: Parties must continue to comply with a Protection Order, even though the case is under appeal.