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 Revisted Statutes) and C.M.C.R. 237 (Colorado Municipal Court Rules of Procedure). The statutes are Colorado laws.

* Use the courthouse finder to find your court location.

Required Paperwork:

1. JDF 222 - Notice of Appeal and Designation of Record - Criminal

Form Tips

1. For party roles, list them in the same order as the original case. For example, if you were the Defendant in the original case you are also the Defendant on the Notice of Appeal.
2. Use your original case number for now.  An appeal case number will also be assigned by the County or District Court after you file.
3. The person appealing the case is called the Appellant.
4. 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.
5. File the Notice with:
   1. Into your City Court case,
   2. With the appellate court (County or District Court in that county),
   3. and mail a copy to the City Attorney. 

(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.

* 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 the appeal paperwork is given to the county court in the county where the city is located.

The courthouse finder will help you find the correct county or district court.

(2) Give the county or district Court the completed form.

JDF 222 Notice of Appeal and Designation of Record - Criminal

(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.

* Pay the filing fee. If you do not think you can afford the filing fee, go to the instructions and 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.For more information check out the File Without Payment page.

* 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 Desgnation of Record-Criminal to the City Attorney and the Clerk of the municipal court.

* 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.

BRIEFS

* 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 are saying.

(1) Write an Opening Brief

TIPS on Writing 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 municipal case was started. The courthouse finder will help you 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 Certificate of Service to the court.

What is a Reply Brief?

* 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 are saying.

(1) Write a Reply Brief

TIPS on Writing a Reply Brief

* You may want to visit your local library or a law library to look at examples of Opening Briefs for municipal court appeals.

* A 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 Brief that you create.

(2) Decide where (which courthouse) to deliver your Brief.

* Your case is in the district court where the muncipal case was located. The courthouse finder will help you find the correct court.

(3) Give the court the completed Brief.

(4) Mail a copy of the Brief to the City Attorney.

* Complete JDF 1313 Certificate of Service, telling the court how you provided a copy of the Brief to the City Attorney.

* Give the completed JDF 1313 Certificate of Service to the court.

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 that support your case. 

* 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 that the courthouse staff makes for you.

* Bring any witnesses with you that 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."

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

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.

An appeal of a state government agency decision or action is called a judicial review.  In a judicial review, a judge looks at the decisions and actions of a state government agency.  The decisions and actions reviewed may be related to things like denying benefits or, if you were a state government employee, a hiring or firing decision.  Examples of state government agencies include the Department of Human Services or the Department of Revenue.

Review § 24-4-106, C.R.S. (Colorado Revised Statutes).  The statutes are Colorado laws.

You may begin your appeal of a state government agency decision in the district court of any county.  It may be more convenient to give the paperwork to the court in the county where you live or in the county where the state government agency is located.

Use the courthouse finder to find your court location.

The person appealing the state government agency decision, called the Appellant, must give the appeal paperwork to the district court within 35 calendar days after the state government agency decision or action becomes effective.

Required Paperwork:

*Dowload and fill-out the following forms:

JDF 610 Complaint for Judicial Review Pursuant § 24-4-106, C.R.S. and Request for Stay and Designation of Record

JDF 601 District Court Civil (CV) Case Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-Claim, or Third Party Complaint

TIPS for completing JDF 610 Complaint for Judicial Review Pursuant § 24-4-106, C.R.S. and Request for Stay and Designation of Record:

* Follow the prompts to fill in the blanks on the Complaint form.

* The Complaint form tells the court and the state government agency that you are filing an appeal.

* The Designation of Record section on the form tells the clerk which paperwork and records from the state government agency should go to the judge looking at your appeal.

* Make a copy of this form for the state government agency and send it to them by mail.

TIPS for completing JDF 601 District Court Civil (CV) Case Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-Claim, or Third Party Complaint:

* Follow the prompts to fill in the blanks on the Cover Sheet form.

* The Cover Sheet form tells the court and the state government agency whether or not your appeal is governed by C.R.C.P. 16.1.

* In section 2, please indicate if C.R.C.P. (Colorado Rules of Civil Procedure) 16.1 applies to your case.  You may want to look at this rule so that you check the appropriate box(es) on the form.  The Colorado Rules of Civil Procedure may be found in the Colorado Revised Statutes.

* The statutes are accessable through our website, or are often found at your local library. The court rules are usually the last few books in the set of statutes.

(1) Decide where (which courthouse) to deliver your paperwork.

* Your appeal case belongs in the district court of any county.  It may be easiest to give the paperwork to the district court in the county where you live.  Another option is to give the paperwork to the district court in the county where the state government agency is located.

* The courthouse finder will help you find the correct county or district court.

(2) Give the district Court the completed forms.

JDF 610 Complaint for Judicial Review Pursuant § 24-4-106, C.R.S. and Request for Stay and Designation of Record

JDF 601 District Court Civil (CV) Case Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-Claim, or Third Party Complaint

(3) Pay the filing fee.

* Pay the filing fee If you do not think you can afford the filing fee, go to the instructions and 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. For more information check out the File Without Payment page.

(4) Mail a copy of the Complaint for Judicial Review Pursuant § 24-4-106, C.R.S. and Request for Stay and Designation of Record to the state government agency.

* Complete JDF 1313 Certificate of Service, telling the court how you provided a copy of the Complaint to the state government agency.

* Give the completed Certificate of Service to the court.

* Once all of the deadlines have passed for giving paperwork to the court, the district court judge will look at the paperwork, state government agency file (if requested) and transcript. No new hearing will be held. The district court judge will create a written ruling or order.

* You and the state government agency will receive a copy of the ruling or order. Unless there is further review by the Supreme Court or Court of Appeals, after final ruling or order on the appeal by the district court judge, the judgment on appeal will be sent to the state government agency for action as directed by the district court judge.

*   An appeal of a DMV decision is called a judicial review.

*   In a judicial review, a judge looks at the decisions and actions of the DMV.

*   The DMV usually makes decisions about your driver's license. 

*   Decisions may include the revocation of your driver's license or serious limitations to your driver's license.

*   Colorado Revised Statute (C.R.S.) section (§) 42-2-135 and C.R.S. § 24-4-106.

The appeal must be filed in the district court in the county where you live.

Use the courthouse finder to find your court location.

You have 35 days after the DMV decision to deny, cancel, suspend, or revoke your license or ID card to start the appeal. 

This is a hard deadline.  The District Court may not have the legal authority to review your case if filed late.

Required Paperwork:

* Dowload and fill out the following forms:

JDF 599 - Complaint for Judicial Review.

JDF 601 - Case Cover Sheet.

TIPS for completing JDF 599 - Complaint:

*   Follow the prompts to fill in the blanks on the Complaint form.

*   The Complaint form tells the court and the Division of Motor Vehicles that you are filing an appeal.

*   The Designation of Record section on the form tells the clerk which paperwork and records from the Division of Motor Vehicles should go to the judge looking at your appeal.

*   Make a copy of this form for the Division of Motor Vehicles and the Attorney General (Revenue and Utilities Section) and send it to them by mail.

TIPS for completing JDF 601 - Case Cover Sheet:

* Follow the prompts to fill in the blanks on the Cover Sheet form.

* The Cover Sheet form tells the court and the state government agency whether or not your appeal is governed by C.R.C.P. 16.1.

* In section 2, please indicate if C.R.C.P. (Colorado Rules of Civil Procedure) 16.1 applies to your case.  You may want to look at this rule so that you check the appropriate box(es) on the form.  The Colorado Rules of Civil Procedure may be found in the Colorado Revised Statutes.

* The statutes are accessable through our website, or are often found at your local library. The court rules are usually the last few books in the set of statutes.

1. Decide Where to File

*   Each county has a District Court.

*   File with the District Court in the county where you live.

*    Courthouse finder.

2.  File the Forms

JDF 599 - DMV Appeal Form

JDF 601 - Civil Case Cover Sheet

3. Pay the Fee

*   Pay the filing fee.

     To waive the fee: Complete and file JDF 205 - Motion to Waive Fees and JDF 206 - Order re Fees.

*   For more information check out the File Without Payment page.

4. Mail a Copy.

*   Complete JDF 1313 - Certificate of Service.

*   Tell the court how you provided a copy of the DMV APPEAL to the Division of Motor Vehicles and the Colorado Attorney General.

*   Division of Motor Vehicles: 1881 Pierce Street, Lakewood, CO 80214.

*   Attorney General:  c/o Motor Vehicle & Enforcement Unit, 1300 Boradway, 8th Floor, Denver, CO 80203.

*   Give the completed Certificate of Service to the court.

* Once all of the deadlines have passed for giving paperwork to the court, the district court judge will look at the paperwork, Division of Motor Vehicles file (if requested) and transcript. No new hearing will be held. The district court judge will create a written ruling or order.

* You and the Division of Motor Vehicles will receive a copy of the ruling or order. Unless there is further review by the Court of Appeals, after final ruling or order on the appeal by the district court judge, the judgment on appeal will be sent to the Division of Motor Vehicles for action as directed by the district court judge.