Rule 4. Appeal as of Right — When Taken

(a) Appeals in Civil Cases. This subsection applies to appeals in civil cases other than appeals filed pursuant to C.A.R. 3.1, 3.2, 3.3, 3.4, and 4.2.

(1) Time for Filing a Notice of Appeal. Except as provided in C.A.R. 4(d), the notice of appeal required by C.A.R. 3 must be filed with the appellate court with an advisory copy served on the lower court within 49 days after entry of the judgment, decree, or order being appealed. Rule 4 Colorado Appellate Rules

(2) Multiple Appeals. If one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days after the date when the first notice was filed, or within the time otherwise prescribed by this section (a), whichever period ends later.

(3) Effect of a C.R.C.P. 59 Motion on the Deadline for Filing a Notice of Appeal. The running of the time for filing a notice of appeal is terminated as to all parties when any party timely files a motion in the lower court pursuant to C.R.C.P. 59, and the time for an appeal under section (a)(1) of this Rule runs for all parties from the timely entry of any order disposing of the last such timely filed motion under C.R.C.P. 59 or the expiration of the time for ruling on such a motion pursuant to C.R.C.P. 59(j). The lower court continues to have jurisdiction to hear and decide a motion under C.R.C.P. 59 regardless of the filing of a notice of appeal, provided the C.R.C.P. 59 motion is timely filed under C.R.C.P. 59(a) and is timely ruled on or is deemed denied under operation of C.R.C.P. 59(j). All proceedings in the appellate court are stayed while the motion is pending in the lower court.

(4) Extension of Time to File a Notice of Appeal. Upon a showing of excusable neglect, the appellate court may extend the time to file the notice of appeal for a period not to exceed 35 days after the time prescribed by section (a). Such an extension may be granted before or after the time prescribed by section (a) expired.

(5) Entry Defined. A judgment or order is entered within the meaning of section (a)(1) and (a)(4) when it is entered pursuant to C.R.C.P. 58. If notice of the entry of the judgment or order is transmitted to the parties by mail or E-Service, the time for the filing of the notice of appeal runs from the date of the mailing or E-Service of the notice.

(6) Additional Requirement in Agency Appeals. In appeals from district court review of agency actions, the notice of appeal is required in addition to the 49-day notice of intent to seek appellate review filed with the district court as required by section 24-4-106(9), C.R.S.

(b) Appeals in Criminal Cases.

(1) Time for Filing a Notice of Appeal. Except as provided in C.A.R. 4(c) and (d), the defendant's notice of appeal must be filed in the appellate court and an advisory copy served on the lower court within 49 days after entry of the judgment or order appealed from.

(2) Effect of a Post-Trial Motion on the Deadline for Filing a Notice of Appeal. If the defendant files a timely motion in arrest of judgment, for judgment of acquittal, or for a new trial on any ground other than newly discovered evidence, an appeal from a judgment of conviction must be taken within 49 days after entry of an order denying the motion. A motion for a new trial based on newly discovered evidence will similarly extend the time for appeal from a judgment of conviction if the motion is made within 14 days after entry of the judgment.

(3) Extension of Time to File a Notice of Appeal. Upon a showing of excusable neglect the appellate court may, before or after the time has expired, with or without motion and notice, extend the time for filing a notice of appeal for a period not to exceed 35 days from the expiration of the time otherwise prescribed by this section (b).

(4) Entry Defined. A judgment or order is entered within the meaning of this section

(b) when it is entered in the criminal docket.

(5) Appellate Review of Felony Sentences.

(A) Availability of Review. Except in those cases provided for in C.A.R. 4(c), pursuant to section 18-1-409, C.R.S., a person sentenced for a felony conviction has the right to one appellate review of the propriety of the sentence, having regard to the nature of the offense, the character of the offender, the public interest, and the sufficiency and accuracy of the information on which the sentence was based.

(B) Sentence Imposed After Trial. If the appeal is to review a sentence imposed after a trial and conviction on the merits, the appellate court will review the propriety of the sentence in the same manner as the review of the conviction, and if the defendant appeals both the sentence and conviction, the court will review them together.

(C) Sentence Imposed Following Guilty Plea. A defendant has no right to appellate review of the propriety of a sentence that is within a range agreed upon by the parties pursuant to a plea agreement. 443 Appeal as of Right — When Taken Rule 4

(6) Prosecutorial Appeals.

(A) In General. Unless otherwise provided by statute or these rules, when an appeal by the state or the people is authorized by statute, the notice of appeal must be filed in the court of appeals within 49 days after the entry of judgment or order appealed from. The court of appeals will issue a written decision answering the issues in the case and will not dismiss the appeal on the ground that a decision will have no precedential value. The final decision of the court of appeals is subject to petition for certiorari to the supreme court.

(B) Appeals of Orders Dismissing Charges. A prosecutorial appeal from an order dismissing one or more but less than all counts of a charging document before trial, including a finding of no probable cause at a preliminary hearing, must be filed in the court of appeals unless the order is based on a determination that a statute, municipal charter provision, or ordinance is unconstitutional, in which case the appeal must be filed in the supreme court. Appeals of orders dismissing one or more but less than all counts of a charging document will otherwise be conducted pursuant to the procedures set forth in C.A.R. 4.1, except that petitions for rehearing and certiorari will be permitted, and mandates will issue, as provided by these rules.

(c) Appeals in Cases in Which a Sentence of Death Has Been Imposed.

(1) Availability of Review. Whenever a sentence of death is imposed, the supreme court will review the propriety of the sentence, having regard to the nature of the offense, the character and record of the offender, the public interest, and the manner in which the sentence was imposed, including the sufficiency and accuracy of the information upon which it was based. If the court determines that the sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor, or that, as a matter of law, the sentence is not supported by the evidence, a sentence of death will not be imposed.

(2) Procedure. The procedure for pursuing appeals in death penalty cases in which a sentence of death has been imposed is set forth in Crim. P. 32.2 and in these appellate rules.

(d) Appeal by an Inmate Confined in an Institution. If an inmate confined in an institution files a notice of appeal in either a civil or a criminal case, the notice of appeal is timely if it is deposited in the institution's internal mail system on or before the last day for filing. If an institution has a system designed for legal mail, the inmate must use that system to receive the benefit of this rule.

Committee Notes

Source: (a) amended August 23, 1984, effective January 1, 1985; (b)(2) amended July 7,