Rule 1. Scope of Rules

(a) Matters Reviewable on Appeal. An appeal to the appellate court may be taken from:

(1) a final judgment of any district, probate, or juvenile court in all actions or special proceedings whether governed by these rules or by the statutes;

(2) a judgment and decree, or any portion thereof, in a proceeding concerning water rights, an order refusing, granting, modifying, cancelling, affirming or continuing in whole or in part a conditional water right, or a determination that reasonable diligence or progress has or has not been shown in an enterprise granted a conditional water right;

(3) an order granting or denying a temporary injunction; or

(4) an order appointing or denying the appointment of, or sustaining or overruling a motion to discharge, a receiver.

(b) Limitation on Taking Appeals. An appeal must be taken in accordance with these rules except for special proceedings in which a different time period for taking an appeal is set by statute.

(c) Appeal Substitute for Writs of Error. Matters designated by statute to be reviewable by writ of error will be reviewed on appeal as provided in these rules.

(d) Ground for Reversal, etc. Any party seeking reversal or modification of a judgment or the correction of adverse findings, orders, or rulings of the lower court or tribunal will be limited to the grounds stated in the party's principal brief or petition, but the court may, in its discretion, notice any error appearing of record.

(e) Review of Water Matters. The notice of appeal (see C.A.R. 4) for review of the whole or any part of a judgment and decree or order as defined in subsection (a)(2) of this Rule must designate as ''appellant'' the party or parties filing the notice of appeal and as ''appellee'' all other parties whose rights may be affected by the appeal and who entered an appearance in the lower court by application, protest, or in any other authorized manner. If not an appellant, the division engineer will be an appellee; provided that upon application, the court may enter an order dismissing the division engineer in the absence of objection made by any party to the appeal within 14 days from the mailing to such party of such application. The notice of appeal must describe the water rights with sufficient particularity to apprise each appellee of the issues sought to be reviewed. The notice of appeal must otherwise comply with the requirements of C.A.R. 3(d).

(f) Original Jurisdiction Matters. Matters invoking the supreme court's original jurisdiction are governed by C.A.R. 21 and C.A.R. 21.1.

Committee Notes

Source: Entire rule amended and effective June 23, 2014; entire rule amended and