Crestone, CO asked in Appeals / Appellate Law for Colorado

Q: How do I ask for more time to appeal?

The district court mailed my final order to the wrong address (street address instead of my PO Box) and I still haven't received it! My 49 day deadline to appeal is in 4 days.

Related Topics:
1 Lawyer Answer
Nelson Patrick Boyle
Nelson Patrick Boyle
  • Appeals & Appellate Lawyer
  • Englewood, CO
  • Licensed in Colorado

A: I urge you to call an appellate attorney. Depending on your ability to pay for an attorney, you may be able to hire one on an hourly or flat fee basis or you may qualify for a public defender or alterternative defense counsel (if it's a criminal case) or there may be some services out there to help you find a low-pay/slow-pay or pro-bono lawyer (for a civil case). The Colorado Bar Association may be able to help.

I don't have the order and I don't know the pertinent details. (For instance, I don't know what court issued the order, what court you would appeal to based on what court issued the order, whether the order is a judgment or an interlocutory order, the date of the order, or many other pertinent facts).

So this is a very general answer to whether an appeal deadline can be moved, with reference to the time to appeal to the Colorado court of appeals from a Colorado District Court's order of final JUDGMENT (as defined under C.R.C.P. 58) and relevant cases).

The 49-day deadline (which you MAY be referencing in your question) under Colo. Appellate Rule (C.A.R.) 4(a) (for civil appeals) or 4(b) (for criminal appeals) is "jurisdictional" in civil cases, and I'm not positive if that's also true in crimianal cases. A jurisdictional appeal deadline must be met in almost all cases. If that applies to your situation, you will have to file a notice of appeal within 49 days. That does not mean you have to file a full appeal brief, but it means you must comply with C.A.R. 4 ON OR BEFORE the 49th day. There are potentially other deadlines and different requirements for a notice of appeal if your case involves other types of issues. Some examples include: Dependency and Neglect (21 days, C.A.R. 3.4), appeals from ICAO, like worker's compensation or unemployment claims (time prescribed by statute, C.A.R. 3.1,

There are some forms you could fill out and file online here:

Assuming your "order" is a final judgment, it's likely not a good idea to try to extend this deadline, since in most cases it cannot be extended. And, since you're aware of the deadline, there is a good chance you could not extend the deadline. If you cannot find an attorney before the deadline, you could file a copy of the notice of appeal form at the above link to "perfect" your appeal. That would allow you to proceed without a lawyer or try to hire a lawyer before your brief is due. Always make sure the court knows your current address if you are proceeding without a lawyer.

I hope this helps.

Good luck.

*** Disclaimer: Unless and until we have a written, signed fee agreement, signed by you and a shareholder in my law firm, you are not my client and I am not your attorney. I don't have enough information to provide more than general information.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.