Attorney Center

Appellate Corner

Quick Links

Welcome to the Appellate Corner! Here, you can find information about the ORPC’s appellate program, how to request appointment of appellate counsel for appeal or consult, and how to submit appellate waivers. You will also find useful links to the ORPC appellate transmittal form and the transcript request form. If you have a question that is not answered on this page, feel free to call or email the ORPC appellate director.

Frequently Asked Questions: Appellate Edition

+ The court entered a final and appealable order (or disposition or termination of parental rights). What do I do?

You are obligated to advise your client about their right to appeal at this point, and what that means. For tips on what to include in your advisement, go to the ORPC Advisement on Appeal tips sheets:

Tips for appellate advisement after APR

Tips for advising about appeals

+ I advised my client on his or her right to appeal, and they do not want to appeal. Now What?

Your client needs to sign a Waiver of Appeal stating that he or she has been advised of their right to appeal. For an example, click here. For now, please email the affidavit to the ORPC appellate director at rkapoor@coloradoorpc.org. Once our program analyst position is filled, that person will receive the waivers. We will update the website with the change.

+ I cannot locate my client, but I don’t want to waive rights on their behalf. What do I do?

If your client’s last known position was for you to file an appeal, complete and submit the appellate transmittal form to get counsel appointed for your client. 


Appellate Transmittal Form

If your client’s last known position on appeal is unknown—because you never spoke about appeal or because you have not been able to locate him or her—for now, please email the affidavit to the ORPC appellate director at rkapoor@coloradoorpc.org. Once our program analyst position is filled, that person will receive the affidavits. We will update the website with the change.

+ My client wants to appeal. Now what?

Fill out the ORPC appellate transmittal form within 7 days of issuance of the order (whether verbal or written).  Once the ORPC gets the request, you will receive an email appointing an appellate attorney.

Appellate Transmittal Form

+ My client wants to appeal, but I’m not sure what the deadlines are. When is the notice of appeal due and am I obligated to file it as the appellate attorney?

C.A.R. 3.4 places the obligation for filing the notice of appeal on trial counsel, but this obligation is discharged when you submit the appellate transmittal form to the ORPC within 7 days of your client notifying you of their desire to appeal.  The notice of appeal and designation are due 21 days from the date of service of the written order.

+ What do I need to complete the appellate transmittal form?

You will need to gather the following information off of State Court Data Access:

  • Court case information, including case number, county, and judge
  • Full name and date of birth of all children in the case
  • Respondent Parent Attorney information
  • Respondent Parent contact information
  • Guardian ad Litem information (for every GAL appointed to represent children in the case)
  • A PDF copy of the final written order (if one has been issued)
  • A PDF copy of a list of exhibits necessary to be designated for appeal (if any)
  • Date & Court Reporter information for the following hearings:

Temporary Custody Hearing

Adjudicatory Hearing

Dispositional Hearing

Permanency Hearing

Review Hearing 1-5

Termination of Parental Rights Hearing

Any other hearings relevant for the appeal

+ During the appeal, am I supposed to share information with the appellate attorney?

Yes. The Rules of Professional Conduct require trial and appellate attorneys to cooperate during the pendency of an appeal for a client.

+ If I have to share information, isn’t the appellate attorney automatically supposed to send me the briefs for the appeal?

If you request the briefs from the appellate attorney, then they will share them.

+ Is my appointment as trial counsel completed once the appeal is filed?

No. The trial attorney must remain on the case during the pendency of appeal, just in case something happens in the trial court that needs to be handled on an emergency basis.

+ The appellate court affirmed the order on appeal. Now what?

The client has 28 days to file a petition for writ of certiorari, which the appellate attorney will handle if the client wishes to pursue it.  If no petition for writ of certiorari is filed, then the appellate court will issue a mandate returning jurisdiction back to the trial court.

+ The appeal has resulted in a remand order. What happens now?

If the remand is because of an ineffective assistance of counsel claim, let the ORPC appellate director know so that new trial counsel can be appointed.  In most other circumstances, you remain on the case as trial counsel to handle any new proceedings in the trial court.

+ Can I request appellate counsel before a final appealable order has happened, to help preserve issues or draft motions?

Yes! Email your request to the appellate director. Make sure to include which parent you represent, a case number, and detailed information about your request.

+ Can appellate attorneys be appointed to handle appeals of non-final interlocutory orders?

Yes – in limited circumstances.  Call or email the ORPC appellate director to find out if your client requires an appellate attorney to file an interlocutory appeal.