Colo. R. App. P. 40 (2026)

(a) Time to File; Contents; Answer; Oral Argument; Action by Court if Granted.

(1) Time. Unless the time is shortened or extended by order, a petition for rehearing may be filed within 14 days after entry of judgment.

(2) Contents. The petition must state with particularity each point of law or fact the petitioner believes the court has overlooked or misapprehended and must include an argument in support of the petition.

(3) Answer. Unless the court requests a response, no answer to a petition for rehearing is permitted.

(4) Oral Argument. Oral argument is not permitted on a petition for rehearing.

(5) Action by the Court. If a petition for rehearing is granted, the court may:

(A) make a final disposition of the case without reargument;

(B) restore the case to the calendar for reargument or resubmission; or

(C) issue any other order it deems appropriate.

(b) Form of Petition; Length. The petition must comply in form with C.A.R. 32. The petition must include the following in the caption:

(1) If filed in the supreme court: the name of the author justice; the name of any justice who wrote or participated in a separate opinion; the name of any justice who did not participate in the case; whether the decision was en banc; and, if a departmental decision, the names of the participating justices.

(2) If filed in the court of appeals: the names of the author judge and participating judges, and the name of any judge who wrote or participated in a separate opinion.

Except by permission of court, a petition for rehearing must not exceed 1,900 words, excluding material not counted under C.A.R. 28(g)(1).

(c) Petition for Rehearing in Supreme Court Proceedings. A petition for rehearing filed in proceedings before the supreme court must comply with the requirements of subsections (a) and (b) of this rule.

(1) In Direct Appeals. A petition for rehearing may be filed in a direct appeal to the supreme court only after issuance of an opinion. No petition for rehearing may be filed after issuance of an order affirming a lower court order.

(2) In Proceedings Under C.A.R. 21. A petition for rehearing may be filed only when the court has issued an opinion discharging an order to show cause or an opinion making the order absolute. No petition for rehearing may be filed after denial of a petition without explanation, if an order was discharged without opinion, or if an order was made absolute without opinion.

(3) In Certiorari Proceedings. A petition for rehearing may be filed after issuance of an opinion on the merits of a granted petition for writ of certiorari, or when, after granting a writ of certiorari, the court later dismisses the writ as having been improvidently granted. No petition for rehearing may be filed after issuance of an order denying a petition for writ of certiorari.

(4) In Interlocutory Appeals in Criminal Cases under C.A.R. 4.1. No petition for rehearing shall be permitted in interlocutory appeals filed pursuant to C.A.R. 4.1.

Source: (b) amended and adopted April 4, 1996, effective July 1, 1996; entire rule amended and adopted February 24, 2005, effective July 1, 2005; (a) 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 comment added, effective April 7, 2016.

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

Amended by Rule Change 2026(05), adopted March 26, 2026, effective immediately.