What needs to be plead in a notice of appeal?

Colorado notice-of-appeal requirements

For a Colorado appeal, the notice must satisfy the content requirements in Colo. App. R. 3(d) for most civil appeals or Colo. App. R. 3(g) for criminal appeals. The notice is not the opening brief: it identifies the order being appealed, the parties and jurisdictional basis, and, where required, a preliminary statement of the issues. The specific requirements vary by case type.[1][2]

The 2022 rule change explains that C.A.R. 3 combines the notice of appeal, designation of parties, and preliminary statement into one document.[1]

Civil appeals

For ordinary civil appeals, the governing provision is Colo. App. R. 3(d). It does not apply to certain specialized appeals, including district-court review of agency actions and appeals from state agencies, which have separate provisions in Rule 3.[1][2]

As a practical checklist, the civil notice should address:

• The order appealed from: identify the judgment, decree, or order and its entry date.
• Scope of the appeal: state whether the appeal is from the entire order or only part of it; identify the part if less than the whole.
• Appellate jurisdiction: identify the basis for appellate jurisdiction and provide the information the rule requires to show the appeal is properly before the appellate court.
• Parties and counsel: identify the parties, designate their appellate roles, and provide the required contact information for counsel and any unrepresented parties.
• Preliminary statement: identify the issues the appellant intends to raise, as required by the current rule.
• Required attachments and service: include the required copy of the appealed order and comply with the rule’s service and certificate requirements.[1][2]

Criminal appeals

Criminal notices are governed by Colo. App. R. 3(g). The Colorado Judicial Branch’s felony-appeal instructions say the notice identifies the nature of the case and appealed order, lists the charges and possible appellate issues, states whether transcripts are needed, provides party or counsel information, and includes required attachments such as the final order and mittimus.[3] Those instructions are for felony cases; confirm the applicable rule and form for the particular criminal appeal.

What the notice is not

The notice does not replace the opening brief or require full legal argument. It should identify the issues with enough clarity to satisfy Rule 3, but the developed facts, authorities, and argument belong in the briefs. For a felony appeal, the Judicial Branch instructions expressly distinguish the notice from the later opening brief.[3]

Timing and filing caution

The notice’s contents are only part of the filing requirements. For example, the general civil deadline under Colo. App. R. 4(a)(1) is 49 days after entry of the appealed judgment, subject to rule-specific exceptions and tolling provisions.[4] A late notice can present a jurisdictional problem, so verify the appeal type, triggering order, and any post-judgment motion before calculating the deadline.

Bottom line: use the current C.A.R. 3 subsection for the specific type of appeal, and do not rely on a generic notice form if the appeal is an agency, class-certification, or other specialized appeal. The materials I found include the Colorado appellate-rule amendments and the Judicial Branch felony instructions; the rule’s exact required fields should be checked against the applicable current subsection before filing.[1][2][3]