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Judicial Review of a DMV Decision

Review of a Final DMV Decision:

  • Step 1: Start the Review
    • Form 1: Complaint for Judicial Review DMV - JDF 599 (PDF)
      • This complaint form tells the court and the DMV that you are filing a review. 
      • It also lets the clerk at the DMV know which records to send to the District Court to be reviewed.
      • Complete each blank. Make sure to sign and date the form.
    • Form 2: Case Cover Sheet - JDF 601
      • This form lets the District Court know which procedural path you are requesting the case should take. 
      • Fill out the case caption
      • Check the "This case is not governed by C.R.C.P. 16.1." box. Because this is an appeal, it will not follow the Rule 16.1 procedural path. Your case will be expedited in comparison to traditional civil law suits.
      • Sign and date the form.
    • Due: Within 35 days after the Division of Motor Vehicles finally denies, cancels, suspends, or revokes a license or identification card. Outside of that time period, your opportunity to appeal has ended forever. 
    • Reviewing Court: File in the District Court in the county where you live. View the courthouse finder for more information.  
    • Filing Fee: There is a one-time fee to start a Judicial Review case of $224. This is due with your first filing in the District Court.
  • Step 2: Give a Copy to the Respondents
    • To the DMV:
      • What: Send a copy of the Complaint, Cover Sheet, & a Transcript Request Form to the DMV.
      • Address: Colorado Department of Revenue, Hearings Division, 1881 Pierce Street, STE 106, Lakewood, CO 80214.
      • When: Within 14 days of starting the case in the District Court. 
      • How: By first class certified mail. 
    • To the Colorado Attorney General: 
      • What: Send a copy of the Complaint & Cover Sheet.
      • Why: The Attorney General will be the DMV's attorney on the appeal. The Attorney General may assign the local District Attorney to represent the DMV instead. If so, you will receive a notice in the mail. 
      • Address: Colorado Attorney General, 1300 Broadway, 10th Floor, Denver, CO 80203.
      • When: Within 14 days of starting the case in the District Court. 
      • How: By first class certified mail. 
  • Step 3: File a Certificate of Mailing
    • Form: Certificate of Mailing (PDF)
      • This form lets the District Court know you mailed a copy of the starting paperwork to the DMV and the Attorney General. 
  • Step 4: Record for the Review
    • The DMV will gather your case file, any exhibits submitted at the hearing, and any transcripts that you purchased and send that to the District Court. 
  • Step 5: Arguments for the Review
    • Form: Opening Brief (PDF Fillable) (WORD DOCX).
    • Due:
      • Within 42 days after the Record on Review is certified. A Notice will be sent to you in the mail when the Record has been certified.
    • Send a Copy:
      • File your brief into the District Court. Give a copy to the Attorney General (Unless the District Attorney (D.A.) has entered an appearance, then give the copy to the D.A.).
    • Contents: Include the following sections in your Opening Brief:
      • Issues on Appeal - List out the legal questions or legal problems you want the District Court to answer or resolve. These are the mistakes you believe the agency made. Examples:
        1. Whether a finding that the Defendant breached the contract was in error?
        2. Whether the damages awarded in the case was excessive and an abuse of discretion?
      • Facts - Include the facts from your case that the District Court will need to know to resolve your Issues on Appeal. Cite to the page in the Record on Appeal where that fact may be found. For example:
        • Cinderella lost her shoe on the way out of the ball. Record p. 5. She testified in court that she only lost her shoe that one time. Transcript p. 12 lines 7-15.
      • Discussion - Discuss the law affecting each issue you raise. Then apply the facts of your case to the law to reach your conclusion. Discuss how the Agency's decision was unacceptable. State what you want the District Court to do with your case. 
  • Step 6: Response to the Review
    • The State may file a response in a document called an "Answer Brief". This is due within 35 days from when the Opening Brief was filed. 
  • Step 7: Last Argument for the Review
    • Optional: This step is optional, and only may be completed if an Answer Brief is filed.
    • Form: Reply Brief (PDF Fillable) (WORD DOCX).
    • Due:
      • Within 21 days after the Answer Brief is filed.
    • Send a Copy:
      • File your brief into the District Court. Give a copy to the Attorney General (Unless the District Attorney (D.A.) has entered an appearance, then give the copy to the D.A.).
    • Contents: The District Court cannot consider any new arguments, only your response to arguments made in the Answer Brief. 
  • Step 8: Decision
    • A Judge of the District Court will consider the written arguments and the Record on Appeal. They will review each Issue on Appeal and decide if there were any errors in the law, clearly wrong factual findings, or if there was an abuse of the DMV's decision-making authority.
    • If you disagree with the District Court's legal reasoning, you may then appeal to the Colorado Court of Appeals.
      • Click on the "Return to Previous Page" at the top of this page.
      • This will return you to the "What type of case do you want to appeal?" page.
      • Click on "District Civil" and follow the Instructions from there.

DMV Appeal Checklist

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Start the Appeal

File the Complaint & Cover Sheet in the District Court within 35 Days of the final agency decision.

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Mail a Copy of the Paperwork

Send a copy of the Complaint & Cover Sheet to the DMV and the Attorney General.

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Proof of Service

File a Certificate of Mailing with the District Court within 14 days of the Complaint.

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Record on Review

The DMV will send the record to the District Court.

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Arguments for the Appeal

File the Opening Brief within 42 days after the Record is filed.

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Government's Response

The Answer Brief is due within 35 days of the Opening Brief.

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Last Argument for the Appeal

The Reply Brief is due within 21 days of the Answer Brief.

Form Kit

This PDF fillable file contains the complete set of forms needed for a Judicial Review of a DMV decision. As you fill in an item of information, it will transfer through the rest of the forms.

How to Get More Help

Appeals are hard. Click the Contact Options link below to get help. On that screen, go into the Sherlocks section to find self-help staff to answer your procedural or forms questions. Find a time to get legal information or advice in the clinic or events calendar sections. Or, find a free or moderate fee lawyer in the Find a Lawyer section.

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