Q: When opposing defendant's summary judgement, does the case law cited need to be Supreme Court decisions only?
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- Colorado
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A:
No. While supreme court precedent controls the lower courts, it may not always be the best cite, or even available. This is not legal advice and citing has to be decided on a case by case basis. Attorney's have a duty to the court to provide them with good case law. That varies based on the situation.
But as always, be thorough on your legal research. If there is a supreme court case directly on point, then you should really consider starting there unless there is a compelling reason to use another cite.
Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.
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