Colo. R. App. P. 4.1 (2026)

(a) Grounds. The state may file an interlocutory appeal in the supreme court from a district court order granting a defendant’s pretrial motion under Crim. P. 41(e) and (g) and Crim. P. 41.1(i) for return of property and to suppress evidence or granting a motion to suppress an extrajudicial confession or admission, provided that the state certifies to the judge who issued the order being appealed and to the supreme court that the appeal is not taken for purposes of delay and that the evidence is a substantial part of the proof of the charge pending against the defendant.

(b) Time for Filing. An interlocutory appeal must be filed within 14 days after entry of the order being appealed. Filing a motion for a new trial or rehearing in the district court is not required.

(c) How Filed. The state must file the notice of appeal with the supreme court and must serve an advisory copy on the district court within the time allowed under subsection (b) of this rule.

(d) Record. The record for an interlocutory appeal must be filed in accordance with C.A.R. 10 except it must be filed within 14 days after the notice of appeal is filed.

(e) Representation of the State. The district attorney’s office will represent the state and will prepare all briefs. Any responsive briefs or pleadings must be served on that office.

(f) Briefs. Within 14 days after the record is filed in the supreme court, the state must file its opening brief, and within 14 days thereafter, the appellee must file the answer brief. The state must file any reply brief within 7 days after service of the answer brief.

(g) Oral Argument. Oral argument is not permitted unless ordered by the court.

(h) Disposition by Court. The supreme court will issue its decision by written opinion or order disposing of the interlocutory appeal. The supreme court clerk will serve the opinion or order on the district court judge and the parties. Petitions for rehearing are not permitted. Orders issued without an opinion will not be designated for official publication by the court and will remain unpublished. Unpublished orders may not be cited as precedent.

(i) Time. The court may extend the time limits established in this rule for good cause shown only before the time limit expires.

Source: (b), (d), and (f) amended and adopted December 14, 2011, effective January 1, 2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1(b); entire rule amended and effective June 23, 2014; (d) amended and adopted October 26, 2017, effective January 1, 2018; entire rule amended February 24, 2022, effective July 1, 2022 (Rule Change 2022(05)).

Amended by Rule Change 2024(11), adopted May 16, 2024, effective immediately.