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Step 4 - Decision

Who Does this Step?

  • A panel of three Judges on the Court of Appeals.

How is a Decision Reached?

  • The Judges 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 deciding court's decision-making authority.

How Long Does it Take?

  • Each case is different, but on average it will take about four months. 

How will I be Notified?

Common Terms Used in the Opinion.

  • Affirmed - The appeals court will keep the deciding court's decision.
  • Reversed - The appeals court will have the deciding court's decision changed.
  • In Part - Applies to only some of the Issues on Appeal.
  • Vacated - The judgment or order is ended. 
  • Remanded with Instructions - The appeals court is giving the deciding court instructions on what to do next. 
  • Dismissed - The Issue on Appeal could not be considered by the appeals court. 
  • Harmless Error - Even if the mistake was fixed, the end result would be still the same.
  • Moot - Because the issue can no longer be changed or has already been resolved, it would be a waste of time to discuss it now.

Supreme Court Review

Why do This?

  • If you disagree with the Court of Appeals' legal reasoning, you may ask the Colorado Supreme Court if they will give your case one final review.

It's Discretionary.

  • The Supreme Court will review your request and decide if a further review is appropriate.

How often does the Supreme Court take Cases? 

Same Limitations. 

  • The Supreme Court is under the same limitations as the Court of Appeals:
    • No new evidence, 
    • Credibility determinations made by the District Court,
    • Preservation, and
    • Standard of Review.

When is it Due? 

  • The request is due within 42 days from when the Opinion is issued.

Forms and Instructions:

  • Be sure to read the detailed instructions and forms provided below. 

Procedural Law for Supreme Court Review

This list is to help you start your legal research and is not a comprehensive list of the law that may affect your case.

Forms & Instructions

These are the forms and instructions for requesting an additional appellate review by the Colorado Supreme Court. That request is made in a document called a Petition for Writ of Certiorari.

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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