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In and Out of Court - Litigation & Appeals Blog

In and Out of Court - Litigation & Appeals Blog

Should I Request Oral Argument at the Colorado Court of Appeals?

At the Colorado Court of Appeals, any party can ask for the chance to present their case before the court at oral argument. But should you? While ultimately the decision whether oral argument is granted is up to the court, the initial decision of whether to ask in the first place brings up an even bigger topic. Does oral argument really ever makes a difference in the case?

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.

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