Rule 4.1. Interlocutory Appeals in Criminal Cases

(a) Grounds. The state may file an interlocutory appeal in the supreme court from a district court order granting a defendant's pretrial motion under Crim. P. 41(e) and (g) and Crim. P. 41.1(i) for return of property and to suppress evidence or granting a motion to suppress an extrajudicial confession or admission, provided that the state certifies to the judge who issued the order being appealed and to the supreme court that the appeal is not taken for purposes of delay and that the evidence is a substantial part of the proof of the charge pending against the defendant. Rule 4.1 Colorado Appellate Rules

(b) Time for Filing. An interlocutory appeal must be filed within 14 days after entry of the order being appealed. Filing a motion for a new trial or rehearing in the district court is not required.

(c) How Filed. The state must file the notice of appeal with the supreme court and must serve an advisory copy on the district court within the time allowed under subsection

(b) of this rule.

(d) Record. The record for an interlocutory appeal must be filed in accordance with C.A.R. 10 except it must be filed within 14 days after the notice of appeal is filed.

(e) Representation of the State. The district attorney's office will represent the state and will prepare all briefs. Any responsive briefs or pleadings must be served on that office.

(f) Briefs. Within 14 days after the record is filed in the supreme court, the state must file its opening brief, and within 14 days thereafter, the appellee must file the answer brief. The state must file any reply brief within 7 days after service of the answer brief.

(g) Oral Argument. Oral argument is not permitted unless ordered by the court.

(h) Disposition by Court. The supreme court will issue its decision by written opinion. The supreme court clerk will serve the opinion on the district court judge and the parties. Petitions for rehearing are not permitted.

(i) Time. The court may extend the time limits established in this rule for good cause shown only before the time limit expires.

Committee Notes

Source: (b), (d), and (f) amended and adopted December 14, 2011, effective January 1,