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In and Out of Court - Litigation & Appeals Blog

In and Out of Court - Litigation & Appeals Blog

Seven Ways to Waive Your Argument on Appeal

Waiving an argument on appeal is usually a bad thing. Here are seven things NOT to do if you want to set your case up for success on appeal. We’ve also included some practice tips to help avoid these pitfalls in future cases.

Part 2 Case Analysis: Costs and Benefits of Litigating a Case

Many of our potential clients are sure that they want to file a lawsuit, but few have actually thought through—or even realize—the many costs and benefits to doing so. Before filing a lawsuit, you should do a cost-benefit analysis. Identify and then weigh the pros and cons. This seven-part series explores some things to consider when deciding whether a lawsuit is the best way to go.

C.A.R.—the 2016 Model: Recent Changes to the Colorado Appellate Rules

The Colorado Supreme Court has been hard at work, handing down multiple changes to the Colorado Appellate Rules. Some changes were significant. Others were minor. The most notable change to the Colorado Appellate Rules was to Rule 3.4: Appeals from Proceedings in Dependency or Neglect. For cases filed after July 1, 2016, appeals from these proceedings will get a major overhaul. Here are some of the significant changes in the rules.

Part 1 Case Analysis: Do I have any basis for filing a lawsuit?

Many of our potential clients are sure that they want to file a lawsuit, but few have actually thought through—or even realize—the many costs and benefits to doing so. Before filing a lawsuit, you should do a cost-benefit analysis. Identify and then weigh the pros and cons. This seven-part series explores some things to consider when deciding whether a lawsuit is the best way to go.

Should I File an Appeal?

Should I file an appeal? Many considerations come into play when making this decision, and here are some thoughts that may steer you in the right direction:

Ethical Considerations as Trial Counsel When You Don’t Want to Take the Appeal

Imagine you see the notice come in from the court on your latest case: Defendants’ motion for summary judgment has been granted and your client’s case is dismissed with prejudice. Your client has just lost the entire case—a case that you had litigated well. After dealing with the disappointment and post-judgment motions, you really feel it would be best for you to call it quits. 

Part Two: If You Have Been Trapped

In Part One of this series, we flagged some traps to keep on the lookout for when filing your notice of appeal. Hopefully, the tips in Part One are all you’ll ever need. But, because it happens to attorneys and pro se parties all the time, here are some suggestions if you find yourself faced with having potentially missed the deadline for filing the NOA.

Part One: Common Traps to Timely Filing a Notice of Appeal

For most direct appeals to the Colorado Court of Appeals, a notice of appeal is your gateway to the Court. The NOA must be filed within 49 days of the date of the entry of the judgment from which the party appeals. Seems easy, right? Unfortunately, many an unsuspecting attorney has found themselves in the horrifying position of having to explain to their client how they weren’t able to figure out such a “simple” calculation.

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