About Municipal or City Court Appeals

A municipal appeal is a request for a higher court (county court or district court) to review a city court's decision or order.

Review §13-10-116, C.R.S. (Colorado Revised Statutes) and C.M.C.R. 237 (Colorado Municipal Court Rules of Procedure). These statutes are Colorado laws.

How to Start an Appeal

Your appeal case belongs in the county where the municipal or city court case is located:

• If the municipal court is a qualified court of record, meaning the court keeps a record of its hearings using an audio recorder or live transcriber, and the judge is a licensed attorney, the appeal paperwork is given to the district court. You have 35 days after the municipal court issues an order to give your municipal court appeal paperwork to the court.
• If the municipal court is not a court of record, meaning no record of hearings is kept, and the judge may not have a law degree, the appeal paperwork is given to the county court in the county where the city is located. You have 14 days after the municipal court issues an order to give your municipal court appeal paperwork to the court.

Use the courts locator to find the correct court location.

Forms and Paperwork Required

Use the forms link above to download and fill out JDF 222 Notice of Appeal and Designation of Record - Criminal.

Paperwork Tips

Tips for completing JDF 222 Notice of Appeal and Designation of Record - Criminal:

• Each person in the appeal of the case should be listed on the forms in the same role that they had in the original case. For example, if you were the Defendant in the original case, you are also the Defendant on the Notice of Appeal and Designation of Record - Criminal form.
• Follow the prompts on the form to fill in the blanks on the Notice form. Use your original case number for now.
• If you are appealing the case, you are the Appellant and will be signing the forms as the Appellant.
• The Notice form tells the court and the city that you are filing an appeal. Make sure you fill in the Certificate of Mailing on the Notice, telling the court when you will mail a copy of the Notice to the City Attorney.
• The Designation of Record section on the form tells the clerk which paperwork and records from your original city case should go to the judge looking at your appeal.
• Make 2 copies of this form, one for the city court and one for the county or district court. Each copy should have your original signature. Make a copy of the form for the City Attorney to send to them by mail.

How to Submit Paperwork to the Court

1. Decide where (which courthouse) to deliver your paperwork. Your appeal case belongs in the county where the municipal or city court case is located. Use the courts locator to find the correct court location.
   • If the municipal court is a qualified court of record, meaning the court keeps a record of its hearings using an audio recorder or live transcriber, and the judge is a licensed attorney, the appeal paperwork is given to the district court.
   • If the municipal court is not a court of record, meaning no record of hearings is kept, and the judge may not have a law degree, the appeal paperwork is given to the county court in the county where the city is located.
2. Give the county or district court the completed form.
3. Pay the filing fee, including the appeal bond.
   • Note: If the municipal court is not a court of record, and you did not receive a jury trial in the municipal court, you may request a new jury trial. Make the request and pay the jury trial fee when you give your paperwork to the court.
   • If you do not think you can afford the filing fee, fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee, or visit our File Without Payment section for complete information.
   • Pay the appeal bond with cash or certified funds. The appeal bond is usually set by the municipal judge that heard your original case.
4. Mail a copy of the Notice of Appeal and Designation of Record - Criminal to the City Attorney and the Clerk of the municipal court.

About Briefs

Note: If you are appealing a case from a municipal court that is not a court of record, you do not need to file other paperwork.

Once the district court receives the record from the municipal court, you will have 21 days to give a written Opening Brief to the court. The Brief tells the higher court exactly what you want reviewed in your appeal and the legal mistakes you believe the judge in the lower court made, including any arguments and law that support what you say.

How to Write an Opening Brief

1. Write an Opening Brief.
   • You may want to visit your local library or a law library to look at examples of Opening Briefs for municipal court appeals.
   • An Opening Brief form is not available. You may want to look at JDF 76 General Motion to make sure that you have a caption, are using the correct font type, and are using the correct font size on the Opening Brief that you create. C.R.C.P. 10 (Colorado Rules of Civil Procedure) includes the format requirements for Briefs.
2. Decide where (which courthouse) to deliver your Opening Brief. Your appeal case is in the district court in the county where the original case was started. Use the courts locator to find the correct court.
3. Give the court the completed Opening Brief.
4. Mail a copy of the Opening Brief to the City Attorney.
   • Complete JDF 1313 Certificate of Service, telling the court how you provided a copy of the Opening Brief to the City Attorney.
   • Give the completed JDF 1313 to the court.

How to Respond to the City Attorney

The City Attorney may give an Answer Brief to the court. You should receive a copy of the Brief. The City Attorney will respond to what you said in your Brief and bring up any other issues that they think are important. The City Attorney must give a copy of their Answer Brief to the court within 21 days after you give them a copy of your written Opening Brief.

You may respond to the City Attorney's Answer Brief with a Reply Brief. You will have 14 days from the time you receive the City Attorney's Answer Brief to file your Reply Brief. Respond to any new points that the City Attorney made in their Answer Brief. Include any arguments and law that support what you say.

How to Write a Reply Brief

1. Write a Reply Brief.
   • You may want to visit your local library or a law library to look at examples of Reply Briefs for municipal court appeals.
   • An Reply Brief form is not available. You may want to look at JDF 76 General Motion to make sure that you have a caption, are using the correct font type, and are using the correct font size on the Reply Brief that you create. C.R.C.P. 10 (Colorado Rules of Civil Procedure) includes the format requirements for Briefs.
2. Decide where (which courthouse) to deliver your Reply Brief. Your case is in the district court where the muncipal case was located. Use the courts locator to find the correct court.
3. Give the court the completed Reply Brief.
4. Mail a copy of the Reply Brief to the City Attorney.
   • Complete JDF 1313 Certificate of Service, telling the court how you provided a copy of the Reply Brief to the City Attorney.
   • Give the completed JDF 1313 to the court.

What Happens Next?

For Municipal Appeals Where the Municipal Court Is Not a Court of Record

Note: If you are appealing a case from a municipal court that is not a court of record, there will be a new trial in county court. Plan to attend the hearing to give evidence and exhibits that support your case.

On Your Court Date

Be on time or early for your court hearing.

Have all of your information, completed paperwork, exhibits, and any other evidence with you. Evidence can include information about your case, such as copies of bills you have paid, etc. Organize and label each piece of evidence as exhibits that you can share with the judge and the other person in the case.

Label your exhibits with numbers, starting with 1.

Make copies of your exhibits for the the other person in the case and for the judge. You will have to pay for any copies the courthouse staff makes for you.

Bring any witnesses with you who can talk directly about what they saw, heard, etc. that relates to your case. For example, a witness may have seen the car accident.

Turn off your cell phone and respect everyone in the courtroom. Refer to the judge as "Your Honor" or "Judge."

After the Hearing

The court will mail a copy of the county court judge's decision to you and the City Attorney.

For Municipal Appeals from a Court of Record

Once all of the deadlines have passed for giving paperwork to the court, such as Briefs, Answer Briefs, etc., the district court judge will look at the case file and transcript. No new hearing will be held. The district court judge will create a written ruling or order.

You and the City Attorney will receive a copy of the ruling or order. Unless there is further review by the Supreme Court, after final ruling or order on the appeal by the district court judge, the judgment on appeal will be given to the municipal court for action as directed by the district court judge. The court will release/disburse the appeal bond based on the ruling of the district court.