Colo. R. Crim. P. 37 (2026)

(a) Filing Notice of Appeal and Docketing Appeal. The district attorney may appeal a question of law, and the defendant may appeal a judgment of the county court in a criminal action, under a simplified procedure to the district court of the county. To appeal, the appellant must, within 35 days after the date the county court enters judgment or denies any post-trial motions, whichever is later, (1) file a notice of appeal in the county court; (2) pay any advance costs as may be required or ordered by the court; (3) serve a copy of the notice of appeal on the appellee; and (4) file the notice of appeal in the district court and pay the docket fee. No motion for new trial or other post-trial relief is required as a prerequisite to an appeal, but if any post-trial motion is filed, it must be filed pursuant to Crim. P. 33(b).

(b) Contents of Notice of Appeal and Designation of Transcripts. The notice of appeal must state with particularity the alleged errors of the county court or other grounds relied on for the appeal. Within the time for filing the notice of appeal, the appellant must designate on Form 5 (Designation of Transcripts) all transcripts necessary for resolution of the issues raised on appeal. The appellee has 14 days after service of the notice of appeal to file with the clerk of the county court and serve on the appellant a designation of any additional transcripts that the appellee deems necessary. The appellee must pay the cost of the additional transcripts, but if the court finds that any transcript designated by the appellee should have been designated by the appellant because the transcript was necessary for resolution of the issues raised on appeal, the court may order the appellant to reimburse the appellee for the cost of that transcript without regard to the outcome of the appeal.

(c) Contents of Record on Appeal. After the appellant has filed the notice of appeal and the parties have posted any advance costs as required for the preparation of any transcripts, the clerk of the county court will prepare the record on appeal. The record on appeal in all cases consists of (1) all materials, including documents and exhibits offered or accepted and demonstrative exhibits, filed in the county court case as of the date of filing of a notice of appeal or any amended notice of appeal; (2) transcripts designated in accordance with section (b); and (3) any timely filed post-trial motions, responses to those motions, and orders on those motions. In the event any part of the record, including a designated transcript, is unavailable, the parties may file a statement of the evidence or proceedings with the county court, and the county court must certify a statement of evidence or proceedings in lieu of that portion of the record.

(d) Filing of Record. Within 42 days after the filing of the notice of appeal or within such additional time as may be granted by the county court, and after any additional fees have been paid, the clerk of the county court must certify and electronically transmit the record on appeal to the clerk of the district court. The parties will be notified by the clerk of the county court when the record on appeal is transmitted to the district court.

(e) Briefs. Within 21 days after the certified record is transmitted to the district court, the appellant must file in the district court, and serve on the appellee, a written brief setting out contentions of error and supporting arguments. The appellee may file an answer brief within 21 days after such service and, if filed, the answer brief must be served on the appellant. A reply brief may be filed within 14 days after service of the answer brief and, if filed, the reply brief must be served on the appellee. In the discretion of the district court, the time for filing any brief may be extended. A brief may not exceed thirty-five pages (excluding the caption, table of contents, table of authorities, signature block, and certificate of service), unless the court grants a motion to exceed the page limit.

(f) Supplementing the Record on Appeal. After the record on appeal is transmitted, the district court, on motion by a party or of its own initiative, may order that a supplemental record be certified and transmitted if any material part of the court record is missing or has been mistakenly omitted from the record on appeal. A party seeking to supplement the record on appeal must file a motion in the district court specifying the name or title of the document, the date the document was submitted to the county court, and the reason the document is necessary to decide the appeal. Any response must be filed within 7 days after the motion to supplement the record is filed.

(g) Settling the Record on Appeal. If any difference arises as to whether the record truly discloses what occurred in the county court or a portion of the record is not in the possession of the county court, the difference must be submitted to and settled by the county court. The party moving to settle the record must file a motion in the district court to stay the appellate proceedings while the county court considers the motion to settle the record.

(h) Stay of Execution. Pending the filing of the appeal, a stay of execution must be granted by the county court upon request. If a sentence of imprisonment has been imposed, the defendant may be required to post bail, and if a fine and costs have been imposed, a deposit of the amount thereof may be required by the county court. After the filing of the appeal, a request for stay of execution must be considered and resolved by the district court. Stays of execution granted by the county court or district court and, with the written consent of the sureties if any, bonds posted with such courts, will remain in effect until after final disposition of the appeal, unless modified by the district court.

(i) Trials de Novo; Penalty Not Increased. If for any reason an adequate record cannot be certified to the district court, the case must be tried de novo in that court. No action on appeal will result in an increase in penalty.

(j) Judgment; How Enforced. Unless the supreme court grants certiorari review under its rules, the judgment on appeal entered by the district court will be certified to the county court for action as directed by the district court. But in cases tried de novo by the district court or in cases in which the district court modifies the county court judgment, the judgment on appeal is that of the district court and so enforceable.

Source: (a), (b), (c), and (e) amended and adopted December 14, 2011, effective July 1, 2012; (c) amended and effective January 9, 2014.

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