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Litigation & Appeals Articles

Litigation & Appeals Articles (3)

The Importance of Preservation to Winning a Civil Appeal

Although it is important that an appellate brief be artfully drafted, victory on appeal may turn more on whether trial counsel had the forethought to ensure that an issue was preserved. This article reviews the general rules regarding preservation and explores the narrow exceptions to that rule that have been recognized by Colorado appellate courts. It then provides some practical suggestions for preparing for appeal during trial and beyond. 

This article was originally published in the Pikes Peak Lawyer, October 2015, the official publication of the El Paso County Bar Association. Read More→

Elements of a Successful Appellate Brief

As law clerks for the Colorado Court of Appeals, we read briefs each week and analyze them with our judge. In addition, our job regularly involves appellate writing that conforms to the standards discussed in this article. These experiences provide us insight into writing persuasive and effective briefs that can strengthen your appellate advocacy. This article will discuss the elements of successful appellate briefs.

This article was originally published by Theresa L. Sidebotham and Aaron N. Einhorn in The Colorado Lawyer, June 2008, Vol. 37, No. 6 ... Read More →

Interested Parties in Juvenile Dependency and Neglect Cases

When a dependency and neglect case is on the juvenile court docket, things have already gone wrong with the child and his or her family. Tangled relationships and unhealthy situations are almost certain. Although the court is entrusted with protecting the best interests of the child, other parties have certain rights and obligations.

People connected with the child may be joined in the case, either voluntarily or involuntarily. Those involuntarily joined are “respondents” and “special respondents.” Respondents are parties and include parents, guardians, and legal custodians who are alleged to have abused or neglected the child.1 ... Read More →

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