Colo. R. Crim. P. 37.1 (2026)

(a) Grounds. The prosecuting attorney may file an interlocutory appeal in the district court from a ruling of a county court granting a motion made in advance of trial by the defendant for return of property and to suppress evidence, granting a motion to suppress evidence, or granting a motion to suppress an extra-judicial confession or admission; provided that the prosecuting attorney certifies to the judge who granted such motion and to the district 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) Filing Notice of Appeal. The prosecuting attorney must file the notice of appeal with the clerk of the district court and must serve the defendant and the clerk of the trial court with a copy. The notice of appeal must be filed within 14 days of the entry of the order being appealed and any docket fee shall be paid at the time of the filing.

(c) Contents of Record on Appeal. The record for an interlocutory appeal consists of the information or charging document, the motions filed by the defendant or defendants, and the grounds stated in section (a) above; a transcript of all testimony taken at the hearing on said motions; such exhibits or reasonable copies, facsimiles, or photographs thereof as the parties may designate (subject to the provisions in C.A.R. 11(b) pertaining to exhibits of bulk); and the court’s order or ruling on said motions and the date, if one has been fixed, that the case is set for trial or a certificate by the clerk that the case has not been set for trial. The record shall be electronically transmitted within 14 days of the date of filing the notice of appeal and may be supplemented by order of the district court.

(d) Briefs. Within 14 days after the record has been transmitted to the district court, the prosecuting attorney must file an opening brief. Within 14 days after service of the opening brief, the defendant may file an answer brief, and the prosecuting attorney shall have 7 days after service of the answer brief to file a reply brief. Briefs must comply with the page limits set forth in Rule 37(e).

(e) Disposition of Cause. The district court will decide the appeal by written opinion unless it orders oral argument and issues an oral ruling on the record and in the presence of the parties. Copies of the written opinion must be transmitted by the clerk of the court to the county court judge and to all parties. No petition for rehearing is permitted. A certified copy of the judgment and directions to the county court, and a copy of the written opinion, if any, constitutes the mandate of the district court, concluding the appeal and restoring jurisdiction to the county court. Such mandate must issue and be transmitted by the clerk of the court to the county court judge and all parties on the 42nd day after the district court's oral or written order, unless the district court is given notice by one of the parties that it has sought further review by the supreme court upon a writ of certiorari pursuant to the rules of that court, in which case the mandate will issue

upon notification that certiorari has been denied or upon receiving the remittitur of the supreme court.

(f) Time. The time limits herein may only be enlarged by order of the appropriate court before the existing time limit has expired.

(g) If no procedure is specifically prescribed by this rule, the court shall look to the Rules of Appellate Procedure for guidance.

(h) Nothing in this Rule 37.1 shall be construed to deprive the county court of jurisdiction to consider bail issues during the pendency of the interlocutory appeal.

Source: Added July 16, 1992, effective November 1, 1992; (b) to (e) amended and adopted December 14, 2011, effective July 1, 2012.

Amended by Rule Change 2026(13), adopted June 25, 2026, effective July 1, 2026.