Colo. R. App. P. 32

As amended through Rule Change 2024(16), effective September 12, 2024

Rule 32 - Form of Briefs and Appellate Documents

(a)Form of Briefs and Other Appellate Documents. Except as otherwise provided in this rule or by leave of court, all briefs and other appellate documents must comply with the following standards:

(1)Type Size. The typeface must be 14-point or larger, including footnotes, except that the caption may be in 12-point if necessary to fit on one page;

(2)Typeface. The type must be a plain, Roman style with serifs. Italics or boldface may be used for emphasis. Cited case names must be italicized or underlined.

(3)Paper Size, Line Spacing, and Margins. All documents must be on 8 1/2 by 11 inch paper. The text must be double-spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins must be at least 1 1/2 inches on the top and 1 inch on the left, right, and bottom. Page numbers, are required; and may be placed in the bottom margin, but no text may appear there.

(4)Length. If a brief or other appellate document is subject to a word limit, it must include a certificate by the attorney, or by a self-represented party, that the document complies with the applicable word limit. The person preparing the certificate may rely on the word count of the word-processing system used to prepare the document. The certificate must state the number of words in the document.

(b) Documents Submitted by Self-Represented Parties. A self-represented party who does not have access to a word-processing system must file typewritten or legibly handwritten briefs and other appellate documents. Such documents must otherwise comply with the form requirements of this rule and the requirements of C.A.R. 28 and, if applicable, C.A.R. 28.1.

(c)Binding and Reproduction. Briefs and other appellate documents may be produced by any process that yields a clear black image on white paper. The paper must be opaque and unglazed. Only one side of the paper may be used. Text must be reproduced with a clarity that equals or exceeds the output of a laser printer. Photographs, illustrations, and tables may be reproduced by any method that results in a good copy of the original; a glossy finish is acceptable if the original is glossy. Consecutive sheets must be stapled together at the top left margin.

(d)Caption. The first page of each brief or other appellate document must contain a caption that includes the following basic document information:

(1) the name and address of the court in which the proceeding is filed;

(2) the nature of proceeding (e.g., Appeal, Petition for Writ of Certiorari, Petition for Order to Show Cause); name of the court(s), agency, or board below; and the lower court judge(s), and case number(s);

(3) the names of parties with appellate court party designations as follows:

(A) In the Supreme Court:

(i) Appellant(s) or Appellee(s) in cases in which the supreme court has original appellate jurisdiction;

(ii) "In Re [Caption of Underlying Proceeding]," or if there is no underlying proceeding, "In Re [Petitioner v. Proposed Respondent]" in original proceedings filed pursuant to C.A.R. 21; and

(iii) Petitioner(s) or Respondent(s) in certiorari proceedings.

(B)In the Court of Appeals: Petitioner(s) or Respondent(s) in appeals filed pursuant to C.A.R. 3.1 and 3.4 (see Appendix to Chapter 32); Appellant(s) or Appellee(s) in all other appeals.

(4) the name, address, telephone number, e-mail address (if any), and fax number (if any) of counsel or self-represented party filing the document;

(5) if the document is filed by counsel, his or her attorney registration number;

(6) the title of the document (e.g., Opening Brief, Petition for Writ of Certiorari), identifying the party or parties for whom the document is filed; and

(7) on the top-right side (opposite filing court information), a blank area that is at least 2 1/2 inches wide and 1 3/4 inches long, with the words "Case Number."

Form 7 illustrates the required caption for all documents created using a word-processing system. Form 7A illustrates the required caption for all documents filed by a self-represented party who does not have access to a word-processing system and is unable to obtain and complete Form 7.

(e)Signature. Every brief, motion, or other document filed with an appellate court must be signed by the party filing the document or, if the party is represented, by one of the party's attorneys.

(f)References to Sexual Assault Victims and Minors. Except as otherwise provided by this rule or by leave of court, the following individuals must not be named in briefs or other appellate documents and must be identified by initials or appropriate general descriptive terms such as "victim" or "child":

(1) in criminal and civil cases, victims or alleged victims of sexual assault; and

(2) in criminal cases and cases brought under Title 19, minors.

Any relative whose name could be used to determine the name of a person protected under this subsection must also be identified by initials or appropriate general descriptive terms. When the defendant in a criminal case is a family member of the person protected under this subsection, the defendant may be named.

(g)Non-Compliant Documents. If the clerk determines that a brief or other document does not comply with the Colorado Appellate Rules or is not sufficiently legible, the clerk may accept the document for filing but may require that a conforming document be filed.

(h)Certificate of Compliance. Each brief must include, on a separate page immediately behind the caption page, a certificate that the brief complies with all requirements of C.A.R. 28 and C.A.R. 32, and, if applicable, C.A.R. 21(g)(4), 28.1, or 29. For proceedings other than those involving C.A.R. 21(g)(4), Forms 6 and 6A are the preferred forms for a certificate of compliance and will be regarded as meeting the requirements of C.A.R. 32(a)(4).

C.A.R. 32

Source: (a), (b), and (c)(2) amended and d added, effective 7/8/1993; entire rule amended and adopted March 13, 1997, effective 7/1/1997; (c) amended and Comment added June 1, 2000, effective 7/1/2000; entire rule and Comment amended and adopted June 28, 2001, effective 7/1/2001; (c)(1)(II) and (c)(2)(II) corrected July 24, 2001, effective nunc pro tunc 7/1/2001; entire rule amended and adopted February 24, 2005, effective 7/1/2005; IP(a) amended and effective 2/7/2008; (f) added and effective 5/28/2009; amended and adopted by the Court, En Banc, February 24, 2022, effective 7/1/2022; amended and adopted by the Court, En Banc, March 23, 2023, effective 3/23/2023; amended and adopted by the Court, En Banc, July 20, 2023, effective 7/20/2023; amended and adopted by the Court, En Banc, 5/16/2024, effective immediately.

Comments

2000

This rule conforms the appellate practice to the forms of case captions provided in C.R.C.P. 10 for all documents that are filed in Colorado courts, including both criminal and civil cases. The purpose of the form captions is to provide a uniform and consistent format that enables practitioners, clerks, administrators, and judges to locate identifying information more efficiently.

The preferred case caption format for documents initiated by a party is found in subsection (c)(1)(I). The preferred caption for documents issued by the court or clerk of court is found in subsection (c)(1)(II). Because some parties may have difficulty formatting their documents to include vertical lines and boxes, alternate case caption formats are found in subsections (c)(2)(I) and (c)(2)(II). However, the box format is the preferred and recommended format.

The boxes may be vertically elongated to accommodate additional party and attorney information if necessary. The "court use" and "case number" boxes, however, shall always be located in the upper right side of the caption.

Forms approved by the State Court Administrator's Office (designated "JDF" or "SCAO" on preprinted or computer-generated forms), forms set forth in the Colorado Court Rules, volume 12, C.R.S. (including those pre-printed or computer-generated forms designated "CRCP" or "CPC" and those contained in the appendices of volume 12, C.R.S.), and forms generated by the state's judicial electronic system, "ICON," shall conform to criteria established by the State Court Administrator's Office with the approval of the Colorado Supreme Court. This includes preprinted and computer-generated forms. JDF and SCAO forms and a flexible form of caption which allows the entry of additional party and attorney information are available and can be downloaded from the Colorado courts web page at http://www.courts.state.co.us/scao/Forms.htm.

2014

This rule conforms the appellate practice to the forms of case captions provided in C.R.C.P. 10 for all documents filed in Colorado appellate courts. The purpose of the form caption is to provide a uniform and consistent format that enables practitioners, clerks, administrators, and judges to locate identifying information more efficiently. The preferred case caption format for documents initiated by a party is found in subsection (d)(1). Parties who cannot format documents to include vertical lines and boxes may use the alternate case caption format in subsections (d)(2). However, the box format is the preferred and recommended format.

2015

The purpose of the form caption is to provide a uniform and consistent format that enables practitioners, clerks, administrators, and judges to locate identifying information more efficiently. The changes to this rule make the appellate practice caption forms consistent with the forms of case captions provided in C.R.C.P. 10 for all documents filed in Colorado appellate courts.

The required case caption format for documents created using a word-processing system is found in Form 7. Self-represented parties who do not have access to a word-processing system and cannot format documents to include vertical lines and boxes may use the alternate case caption format in Form 7A. However, Form 7 caption format is preferred and recommended.

Subsection (f) is a new subsection. It is based on the legislative requirements set forth in Colo. Rev. Stat. §§ 19-1-102 (1.7), 19-1-109(1), and 24-72-304(4)(a), and is consistent with longstanding court practice.

Prior subsection (e), formerly titled "Improper Form and Briefs of Other Papers," now titled "Non-Compliant Documents" and (f) titled "Certificate of Compliance" have been re-lettered to subsections (g) and (h), respectively. The substance of the prior subsections has not changed.

2023

Prior subsection (f)(1) was ambiguous; it was unclear whether the provision applied in civil cases. The change clarifies that in both criminal and civil cases relating to sexual assault, initials should be used when referring to a victim or alleged victim.

Annotation Law reviews. For article, "Amendments to Appellate Rules Concerning Type Size and Word Count", see 34 Colo. Law. 27 (June 2005). For article, "Complying With C.A.R. 28 and 32", see 39 Colo. Law. 65 (November 2010). Noncompliance will result in dismissal. Where an appellant fails to comply with this provision, the appeal will be dismissed. Dubois v. People, 26 Colo. 165, 57 P. 187 (1899). Example of noncompliance. A reply brief which is in indistinct and blurred typewriting flagrantly violates this provision. Mitchell v. Pearson, 34 Colo. 281, 82 P. 447 (1905). .