Appeals and Review of Colorado Court Orders

Summary:  If you do go to trial, and the judge makes a mistake of fact or law, you can appeal to the Colorado Court of Appeals. And/or you can first file a Rule 59 or Rule 60 motion with the trial court requesting relief from the judge. Judges do make mistakes.

Filing An Appeal of the Judge's Order

If you do have to go through a divorce court trial, and the judge’s orders are not consistent with the law, then you have the option to appeal to the Colorado Court of Appeals. Or, if the judge’s finding of fact are clearly erroneous, or the judge abused his or her discretion in making the findings of fact or final orders. Judges do make mistakes. This is one of the risks you take when you litigate.

Generally you will appeal to the Colorado court of appeals. If that appeal is unsuccessful, then you may appeal to the Colorado Supreme Court.

Before you appeal to the Court of Appeals, you may want to file a motion with the trial court to point out the error.

If you file under Rule 59, you have 15 days after the judge’s order (or a greater as the judge may allow) to point out the mistake of law to the judge. The judge can address your motion or do nothing.

If you file under Rule 60, you have up to 6 months to file. However, Rule 60 is limited to simple errors such as math errors or simple inadvertence.

If you appeal to the court of appeals, you have 45 days to file the notice of appeal. Except that if you filed a Rule 59 motion with the trial court, then the 45 days does not start running until the judge rules on the Rule 59 motion or 60 days, whichever is less. A Rule 60 motion does not impact the 45 day time period for an appeal to the court of appeals.

If you file an appeal with the court of appeals, you must also provide a bond or some other assurance that you can perform the trial court’s orders if your appeal is not successful. Otherwise you must perform the court orders even though you have appealed.