Colorado Notice of Appeal
Colorado sends most notices of appeal straight to the Court of Appeals clerk instead of the trial court, and a county court or small claims judgment follows an entirely separate, much shorter track.
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Introduction
In Colorado, a notice of appeal from a district court civil judgment is due within 49 days after the earliest of the entry of the final judgment or order, the entry of an order denying a timely C.R.C.P. 59 motion for post-trial relief, such as a motion for new trial or to amend the judgment, or an order deciding a petition for magistrate review; if notice of entry is instead mailed or e-served, the 49 days runs from that date (C.A.R. 4(a)(1), (3)). A timely C.R.C.P. 59 motion terminates the running of the 49 days for every party, and the clock does not start again until the order deciding that motion is entered, so a fresh 49 days runs from that order (C.A.R. 4(a)(3)). The deadline can be extended, but only narrowly: on a showing of excusable neglect, a stricter standard than ordinary good cause, the Court of Appeals may extend the time to file by up to 35 additional days, on a motion made before or after the 49 days run out (C.A.R. 4(a)(4)). Colorado is a minority rule state on where the notice goes: for a district court judgment, it is filed directly with the clerk of the Colorado Court of Appeals, with only an advisory copy going to the district court clerk, not with the trial court itself, according to the Colorado Judicial Branch's self-help guidance. A county court judgment, including a small claims judgment, instead goes to the clerk of the county court that entered it, and the appealing party must post an appeal bond, in an amount set by the county judge or clerk, within the same 14 days as the notice; that appeal must then be docketed in the district court within 35 days after the notice of appeal is filed (C.R.C.P. 411(a)). C.A.R. 3(d) sets out what the notice must contain, and the Colorado Judicial Branch's JDF 647 covers a district court civil appeal; a county court or small claims appeal must instead use the form in the Appendix to Chapter 25, Form 4, C.R.C.P., which controls its content (C.R.C.P. 411(a)). Filing the notice, and posting the separate appeal cost bond required for a Court of Appeals case, does not by itself stop the other side from collecting on the judgment; a stay takes a supersedeas bond the trial court approves under C.R.C.P. 62(d), commonly around 125 percent of the judgment. A county court or small claims judgment is appealed on the record to the district court, not retried from scratch, except where the county court record was lost or destroyed or cannot otherwise be produced, and either party, not only the defendant, may bring that appeal within 14 days after entry of judgment or its mailing (C.R.C.P. 411(a), (d)(1)). Criminal, administrative agency, federal court, and interlocutory civil appeals under C.A.R. 4.2 follow separate rules and are not covered here. Attorney review is available before you file.
Key Things to Know
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The deadline is 49 days after the earliest of entry of the final judgment or order, entry of an order denying a timely C.R.C.P. 59 motion for post-trial relief, or an order deciding a petition for magistrate review, or 49 days from the date notice of entry is mailed or e-served if that happens instead (C.A.R. 4(a)(1), (3)). A timely C.R.C.P. 59 motion terminates the running of the 49 days for every party, and a fresh 49 days runs from the order deciding it (C.A.R. 4(a)(3)).
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The deadline can be extended only narrowly. On a showing of excusable neglect, a stricter standard than ordinary good cause, the Court of Appeals may extend the time to file by up to 35 additional days, on a motion made before or after the 49 days run out (C.A.R. 4(a)(4)).
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For a district court judgment, file the notice directly with the clerk of the Colorado Court of Appeals, with only an advisory copy going to the district court clerk, not the trial court itself, according to the Colorado Judicial Branch's self-help guidance. This is a minority rule; most states file with the trial court.
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A county court judgment, including a small claims judgment, is filed instead with the clerk of the county court that entered it, within 14 days after entry of judgment or its mailing. The appealing party must also post an appeal bond, in an amount set by the county judge or clerk, within those same 14 days, and the appeal must then be docketed in the district court within 35 days after the notice of appeal is filed (C.R.C.P. 411(a)).
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C.A.R. 3(d) lists the required contents, including whether a magistrate decided the case, whether a timely post-trial motion was filed and its dates, the issues under consideration for the Opening Brief, and whether a transcript will be ordered. The Judicial Branch's JDF 647 covers a district court civil appeal; a county court or small claims appeal must use the form in the Appendix to Chapter 25, Form 4, C.R.C.P., which controls its content (C.R.C.P. 411(a)).
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A Court of Appeals civil case costs $253 for the appellant and $178 for the appellee to file, and a Rule 411 county court appeal costs $193 for the appellant and $222 for the appellee, per the Colorado Judicial Branch's fee schedule updated in January 2025; confirm the current fee with the clerk. A separate appeal cost bond is also required for a Court of Appeals case; confirm the current amount with the clerk.
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Filing the notice, and posting the appeal cost bond, does not by itself stop the other side from collecting on the judgment. A stay instead takes a supersedeas bond the trial court approves under C.R.C.P. 62(d), commonly around 125 percent of the judgment.
Key decisions before you file
Before you file a Notice of Appeal in Colorado, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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Colorado Requirements for Notice of Appeal
49-Day Deadline From the Earliest Triggering Event
The notice of appeal is due 49 days after the earliest of entry of the final judgment or order, entry of an order denying a timely C.R.C.P. 59 motion for post-trial relief, or an order deciding a petition for magistrate review, or from the date notice of entry is mailed or e-served if that happens instead (C.A.R. 4(a)(1), (3)).
Timely C.R.C.P. 59 Motion Terminates the Clock
A timely C.R.C.P. 59 motion for post-trial relief terminates the running of the 49-day period for every party, and the clock does not start again until the order deciding that motion is entered, so a fresh 49 days runs from that order (C.A.R. 4(a)(3)).
Narrow Excusable Neglect Extension
The Court of Appeals may extend the filing deadline by up to 35 additional days only on a showing of excusable neglect, a stricter standard than ordinary good cause, on a motion made before or after the 49 days run out (C.A.R. 4(a)(4)).
Filed With the Court of Appeals, Not the Trial Court
A district court civil judgment is appealed by filing the notice directly with the clerk of the Colorado Court of Appeals, with only an advisory copy going to the district court clerk, according to the Colorado Judicial Branch's self-help guidance.
County Court and Small Claims Filed With the County Clerk
A county court or small claims judgment is appealed by filing the notice with the clerk of the county court that entered it within 14 days, posting an appeal bond set by the county judge or clerk within those same 14 days, and docketing the appeal in the district court within 35 days after the notice of appeal is filed (C.R.C.P. 411(a)).
Required Contents Under C.A.R. 3(d)
The notice must identify the order appealed from and its date, state whether a magistrate decided the case, disclose any timely post-trial motion and its dates, list the issues under consideration for the Opening Brief, and state whether a transcript will be ordered (C.A.R. 3(d)).
Filing Fees and a Separate Appeal Cost Bond
A Court of Appeals civil case costs $253 for the appellant and $178 for the appellee, and a Rule 411 county court appeal costs $193 for the appellant and $222 for the appellee, per the Judicial Branch's fee schedule updated January 2025; confirm the current fee with the clerk. A separate appeal cost bond is also required for a Court of Appeals case; confirm the current amount with the clerk.
Supersedeas Bond Needed to Stay Collection
Filing the notice and posting the appeal cost bond does not by itself stop the other side from collecting on the judgment. A stay requires a supersedeas bond the trial court approves under C.R.C.P. 62(d), commonly around 125 percent of the judgment amount.
Small Claims Appeal Is On the Record, Not De Novo
A county court or small claims appeal is decided on the record by the district court, not retried from scratch, except where the county court record was lost or destroyed or cannot otherwise be produced, and either party may bring it within 14 days after entry of judgment or its mailing (C.R.C.P. 411(a), (d)(1)).