Rule 3.5 - Appeals of Mental Health Orders Pursuant to Section 27-65-114(a)How Taken. Appeals from judgments, decrees, or orders in mental health proceedings under C.R.S. 16-8.5-112 and 27-65-111 must be in the manner and within the time prescribed by this rule. (b)Time for Appeal. (1) A notice of appeal and designation of transcripts must be filed with the clerk of the court of appeals with an advisory copy served on the clerk of the trial court within 21 days after the entry of the judgment, decree, or order. The trial court continues to have jurisdiction to hear and decide a motion under C.R.C.P. 59 regardless of the filing of a notice of appeal, provided the C.R.C.P. 59 motion is timely filed under C.R.C.P. 59(a) and determined within the time specified in C.R.C.P. 59(j). An order is entered within the meaning of this rule when it is entered pursuant to C.R.C.P. 58. If notice of the entry of judgment, decree, or order is transmitted to the parties by mail or E-Service, the time for the filing of the notice of appeal commences from the date of mailing or E-Service of the notice. (2) If a timely notice of appeal is filed by a party, any other party may file a notice of crossappeal and designation of transcripts within 7 days after the date on which the notice of appeal was filed or within the 21 days for the filing of the notice of appeal, whichever period last expires. (3) The time in which to file a notice of appeal or a notice of cross-appeal and the designation of transcripts will not be extended, except upon a showing of good cause pursuant to C.A.R. 2 and C.A.R. 26(b). (4) If subsequent orders regarding medication or certification are entered by the district court, counsel for appellant must, within 14 days after entry of the subsequent order, file an appropriate motion to amend the notice of appeal. (c)Contents of the Notice of Appeal. A notice of appeal and designation of transcripts must comply with C.A.R. 3(d). (d)Composition of the Record on Appeal. (1) The record on appeal must include the trial court file, including all exhibits. No designation of record is necessary for the trial court file or the exhibits. The record on appeal may also include any transcripts designated and ordered by any party pursuant to this rule. (2) The appellant and cross-appellant must properly serve the designation of transcripts on the other parties and the trial court's managing court reporter at the time the notice of appeal is filed. (3) The designation of transcripts must set forth the dates of the proceedings for which transcripts are requested and the names of the court reporters, if applicable. (4) Within 7 days after service of any appellant's designation of transcripts any appellee may complete and file a supplemental designation of transcripts with the clerk of the trial court and the clerk of the court of appeals and serve it on the other parties and the trial court's managing court reporter. (5) The designating party or public entity responsible for the cost of transcription must make arrangements for payment with the managing court reporter within 7 days after serving the designation. Within 14 days after service of the designation of transcripts, the court reporter must file a statement with the clerk of the trial court and the clerk of the court of appeals indicating whether arrangements for payment have been made. (e)Transmission of Record. (1) Within 21 days after the filing of the notice of appeal and designation of transcripts, the record, composed as set forth in subsection (d), must be transmitted to the court of appeals in accordance with C.A.R. 10(c). (2) No extensions will be granted except in exceptional circumstances. (f)Opening Brief on Appeal.(1) Within 14 days after the record is filed, the appellant must file a brief. The appellant's brief must be entitled "opening brief" and must contain the following under appropriate headings in the order indicated: (A) a caption in compliance with C.A.R. 32(d); (B) a certificate of compliance as required by C.A.R. 32(h); (C) a table of contents, with page references; (D) a table of authorities--cases (alphabetically arranged), statutes, and other authorities--with references to the pages of the brief where they are cited; (E) a statement of the issues presented for review; (F) a concise statement identifying the nature of the case, the relevant facts and procedural history, and the ruling, judgment, or order presented for review, with appropriate references to the record (see C.A.R. 28(e)); (G) a summary of the arguments, which must: (i) contain a succinct, clear, and accurate statement of the arguments made in the body of the brief; (ii) articulate the major points of reasoning employed as to each issue presented for review; and (iii) not merely repeat the argument headings or issues presented for review; (H) the arguments, which must contain: (i) under a separate heading placed before the discussion of each issue, statements of the applicable standard of review with citation to authority, whether the issue was preserved, and if preserved, the precise location in the record where the issue was raised and where the court ruled; and (ii) appellant's contentions and reasoning, with citations to the authorities and parts of the record on which the appellant relies; and(I) a short conclusion stating the precise relief sought. (2) No extensions will be granted except in exceptional circumstances.(3) The opening brief must contain no more than 7,500 words, excluding attachments and any addendum. A self-represented party who does not have access to a word-processing system must file a typewritten or legibly handwritten opening brief of not more than 25 double-spaced and single-sided pages. Such a brief must otherwise comply with this rule and C.A.R. 32. (g)Answer Brief on Appeal. (1) Within 14 days after service of the appellant's opening brief, any appellee may file an answer brief that must be entitled "answer brief," and any cross-appellant may file an opening/answer brief that must be entitled "cross-appeal opening/answer brief." (2) The brief must conform to the requirements of C.A.R. 28(b) except that separate headings titled statement of the issues or of the case need not be included unless the appellee is dissatisfied with the appellant's statement. For each issue, the answer brief must, under a separate heading placed before the discussion of the issue, state whether the appellee agrees with the appellant's statements concerning the standard of review with citation to authority and preservation for appeal, and if not, why not. (3) No extensions will be granted except in exceptional circumstances. (4) The answer brief or cross-appeal opening/answer brief must contain no more than 7,500 words, excluding attachments and/or any addendum containing statutes, rules, regulations, etc. A self-represented party who does not have access to a word-processing system must file a typewritten or legibly handwritten brief of not more than 25 double-spaced and single-sided pages. Such a brief must otherwise comply with this rule and C.A.R. 32. (5) In cases involving more than one appellant and in which the appellee chooses to file an answer brief, the appellee must file a combined answer brief addressing the legal issues raised by all appellants. The combined answer brief must be filed within 14 days after service of the last opening brief filed and must contain no more than 9,500 words. (6) In cases involving more than one appellee, the court encourages coordination among appellees to avoid repetition within the answer briefs. A joint answer brief may, but is not required to, be filed by appellees. (h)Reply Brief. Within 7 days after service of the appellee's answer brief, any appellant may file a reply brief, which must be entitled "reply brief," in reply to the answer brief. A reply brief must comply with C.A.R. 28(c) and must contain no more than 5,700 words. A self-represented party who does not have access to a word-processing system must file a typewritten or legibly handwritten reply brief of not more than 19 double-spaced and single-sided pages. Such a brief must otherwise comply with this rule and C.A.R. 32. No further briefs may be filed except with leave of court. (i)Oral Argument. Oral argument will be allowed upon the written request of a party or upon the court's own motion, unless the court, in its discretion, dispenses with oral argument. A request for oral argument must be made in a separate, appropriately titled document filed no later than 7 days after briefs are closed. Unless otherwise ordered, argument may not exceed 15 minutes for the appellant and 15 minutes for the appellee. (j)Advancement on the Docket. Appeals in mental health proceedings must be advanced on the calendar of the appellate courts and will be set for disposition at the earliest practical time. (k)Petition for Rehearing. A petition for rehearing in the form prescribed by C.A.R. 40(b) may be filed within 14 days after entry of judgment. The time in which to file the petition for rehearing will not be extended. (l)Petition for Writ of Certiorari. Review of the judgment of the court of appeals may be sought by filing a petition for writ of certiorari in the supreme court in accordance with C.A.R. 51. The petition must be filed within 14 days after the expiration of the time for filing a petition for rehearing or the date of denial of a petition for rehearing by the court of appeals. The filing of the petition results in an automatic stay of proceedings in the court of appeals. Any cross-petition or opposition brief to a petition for writ of certiorari must be filed within 14 days after the filing of the petition. No reply briefs are allowed. The petition for writ of certiorari, any cross-petition, and any opposition brief must be in the form prescribed by C.A.R. 53(a)-(c) and filed and served in accordance with C.A.R. 53(h). (m)Issuance of Mandate. The mandate must be in the form prescribed by C.A.R. 41(a) and will issue 29 days after entry of the judgment. The timely filing of a petition for rehearing will stay the mandate until the court of appeals has ruled on the petition. If the petition is denied, the mandate will issue 14 days after entry of the order denying the petition. The mandate may also be stayed in accordance with C.A.R. 41. (n)Filing and Service. All papers required or permitted by this rule must be filed and served in accordance with C.A.R. 25. (o)Computation and Extension of Time. Computation and extension of any time period prescribed by this rule must be in accordance with C.A.R. 26.Amended and adopted by the Court, En Banc, March 23, 2023, effective 3/23/2023.