You have the right to appeal the decision of the Judge or Jury to a higher court. In Denver County Court cases, the higher court is 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 37 of the Colorado Rules of Criminal 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 of the Court remains in place.
READ THE FOLLOWING INFORMATION CAREFULLY BEFORE ATTEMPTING TO FILE YOUR APPEAL ONLINE
STEPS TO FILING YOUR APPEAL:
Within 35 days after the date of judgment or denial of post-trial motions, whichever is later, you must do all of the following:
- File a Notice of Appeal and Designation of Record with Denver County Court online or in person at the Clerk’s Office in Room 160 at 520 W. Colfax Avenue or in Room 135, at 1437 Bannock Street. The Notice of Appeal and Designation of Record shall state the alleged errors of County Court and tells the County Court what you would like included in the record sent to District Court for their review. Make sure you list all dates and type of hearings you would like transcribed. (If filing online, the form will be submitted electronically to County Court. You should print three copies of the form. One for filing in District Court, one for the prosecutor’s office, 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, (no personal checks). 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 37 of the Colorado Rules of Criminal 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 )
- A Stay of Execution on your sentence can be requested on the Notice of Appeal and Designation of Record by checking the appropriate box. You may be required to post an appeal bond or deposit the amount of fines and fees assessed. (The Appeals Clerk will notify you of the appeal bond amount. Make sure to include your phone number and email information on the Notice of Appeal and Designation of Record.)
- File a signed copy of the Notice of Appeal and Designation of Record and pay a $70 filing fee to Denver District Court in Room 256 at 1437 Bannock Street or file a Motion to File Without Payment and Supporting Financial Affidavit and Order .
- Serve a copy of the Notice of Appeal and Designation of Record to the prosecutor’s office that presented the case against you. (Either the District Attorney’s Office or City Attorney’s Office.)
NOTE: You can complete Steps 1 and 2 online.
Filing the Notice of Appeal and Designation of Record does NOT automatically postpone the deadline for paying your fine or completing another part of your sentence. To postpone your sentence, you must ask the Judge for a “stay of execution” of the sentence by checking the appropriate box on the Notice of Appeal and Designation of Record form.