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You sent me a link to a sample writ of certiorari for the colorado

Customer Question

You sent me a link to a sample writ of certiorari for the colorado supreme court a couple weeks ago. I am now preparing mine but have seen some other information that indicates that the request can only be 12 pages long, needs a table of contents, and other additions or omissions that the sample didn't fit. Is there anything as far as a template that lists all elements that are required and / or prohibited?
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.
Hi,

Thank you for your question. The best guide for writing a Petition for Writ of Certiorari to the Supreme Court of Colorado will be found in the Colorado Appellate Rules. The following rules are applicable:

Rule 49. Considerations Governing Review on Certiorari.

(a) Addressed to Judicial Discretion. A review in the Supreme Court on writ of certiorari as provided in section 13-4-108, C.R.S., and section 13-6-310, C.R.S., is a matter of sound judicial discretion and will be granted only when there are special and important reasons therefor. The following, while neither controlling nor fully measuring the Supreme Court's discretion, indicate the character of reasons which will be considered:

(1) Where the district or superior court on appeal from the county court has decided a question of substance not heretofore determined by this court;

(2) Where the Court of Appeals, or district or superior court on appeal from the county court, has decided a question of substance in a way probably not in accord with applicable decisions of the Supreme Court;

(3) Where a division of the Court of Appeals has rendered a decision in conflict with the decision of another division of said court; the same ground applies to judgments and decrees of district courts on appeal from the county court when a decision is in conflict with another district court on the same matters;

(4) Where the Court of Appeals has so far departed from the accepted and usual course of judicial proceedings or so far sanctioned such procedure by a lower court as to call for the exercise of the Supreme Court's power of supervision.

Rule 51. Review on Certiorari -- How Sought.

(a) Filing and Proof of Service. Review on certiorari shall be sought by filing with the clerk of the Supreme Court, with service had and proof thereof as required by C.A.R. 25, ten typewritten or otherwise reproduced copies of a petition which shall be in the form prescribed in C.A.R. 32 and a transcript of the record in the case as filed in said court which shall be certified by the clerk of the appropriate court. Service of a copy of the transcript of the record is not required.

(b) Appearance and Docket Fee. Upon the filing of the petition and the certified transcript of the record, counsel for the petitioner shall enter an appearance and pay the docket fee of $225.00, of which $1.00 shall be transferred to the state general fund as a tax levy pursuant to section 2-5-119, C.R.S. The case shall then be placed in the certiorari docket.

(c) Notice to Respondents. It shall be the duty of counsel for the petitioner to notify all the respondents of the date of filing, and of the docket number of the case, and that the transcript of the record has been filed in the Supreme Court.

(d) Docket Fee. Upon entry of appearance, counsel for respondent shall pay the docket fee of $115.00.

Rule 52. Review on Certiorari -- Time for Petitioning.

(a) To Review a District Court Judgment. A petition for writ of certiorari to review a judgment of a district court on appeal from a county court, shall be filed not later than 42 days after the rendition of the final judgment in said court.

(b) To Review Court of Appeals Judgment.

(1) Filing a petition for rehearing in the Court of Appeals, before seeking certiorari review in the Supreme Court, is optional.

(2) No petition for issuance of a writ of certiorari may be submitted to the Supreme Court until the time for filing a petition for rehearing in the Court of Appeals has expired.

(3) Any petition for writ of certiorari to review a judgment of the Court of Appeals shall be filed in the Supreme Court within 42 days of the issuance of the opinion of the Court of Appeals, if no petition for rehearing is filed, or within 28 days after the denial of a petition for rehearing by the Court of Appeals. Any petition for writ of certiorari to review a judgment of the Court of Appeals in workers' compensation and unemployment insurance cases shall be filed in the Supreme Court within 28 days after the issuance of the opinion of the Court of Appeals, if no petition of rehearing is filed, or within 14 days after the denial of a petition for rehearing by the Court of Appeals.

Rule 53. Petition for Certiorari and Cross-Petition for Certiorari.

(a) The Petition. The petition for certiorari shall be succinct and shall not exceed twelve pages, unless it contains no more than 3,800 words, exclusive of appendix. The petition shall comply with C.A.R. 32. The petition shall contain in the order here indicated:

(1) An advisory listing of the issues presented for review expressed in the terms and circumstances of the case but without unnecessary detail. The statement of an issue presented will be deemed to include every subsidiary issue clearly comprised therein. Only the issues set forth or fairly comprised therein will be considered.

(2) A reference to the official or unofficial reports of the opinion or judgment and decree of the court, which shall be in an appendix containing the papers as provided in subsection (6) of this rule.

(3) A concise statement of the grounds on which jurisdiction of the Supreme Court is invoked, showing:

(A) The date of the judgment or decree sought to be reviewed and the time of its entry;

(B) The date of any order respecting a rehearing and the date and terms of any order granting an extension of time within which to petition for certiorari.

(4) A concise statement of the case containing the matters material to consideration of the issues presented.

(5) A direct and concise argument amplifying the reasons relied on for the allowance of the writ.

(6) An appendix containing:

(A) A copy of any opinions delivered upon the rendering of the decision of the Court of Appeals;

(B) If review of a judgment of the district court on an appeal from a county court is sought, a copy of the findings, judgment and decree in question; and

(C) The text of any pertinent statute or ordinance.

(7) Repealed.

(b) The Cross-Petition. Within 14 days after service of the petition for certiorari, a respondent may file and serve a cross-petition. A cross-petition shall be succinct and shall not exceed twelve pages, unless it contains no more than 3,800 words, exclusive of appendix. The cross-petition shall comply with C.A.R. 32. A cross-petition shall have the same contents, in the same order, as the petition.

(c) Opposition Brief. Within 14 days after service of the petition, respondent may file and serve an opposition brief, a cross-petition or both. The petitioner may file an opposition brief within 14 days after service of a cross-petition. An opposition brief shall be succinct and shall not exceed twelve pages, unless it contains no more than 3,800 words. The opposition brief shall comply with C.A.R. 32.

(d) Reply Brief. Within 7 days after service of an opposition brief, a petitioner or cross-petitioner may file and serve a reply brief. A reply brief shall be succinct and shall not exceed ten pages, unless it contains no more than 3,150 words. The reply brief shall comply with C.A.R. 32.

(e) No Separate Brief. No separate brief may be appended to the petition, any cross-petition, the opposition brief, or the reply brief.

(f) Filing and Service. An original and ten copies of all petitions and briefs shall be filed with the clerk of the supreme court. Service shall be in the same manner as provided for service of the notice of appeal.


Rule 32. Form of Briefs and Appellate Documents.

(a) Standards for Non-Typewriter-Produced Briefs and Other Appellate Papers. Except for briefs and other appellate papers produced through the use of a typewriter, all briefs and appellate papers including those E-filed must comply with following standards:

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

(2) The typeface must be a plain, roman style, although italics or boldface may be used for emphasis.

(3) If a brief or other appellate paper is subject to a word limit, it must include a certificate by the attorney, or by an unrepresented party, that the paper 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 paper. The certificate must state the number of words in the paper.

(b) Standards for All Briefs and Other Appellate Papers. All briefs and other appellate papers, including those produced through the use of a typewriter, must comply with the following standards.

(1) Only 8 1/2 by 11 inch paper shall be used.

(2) Text shall be double-spaced, except that quotations more than two lines long may be indented and single-spaced, and headings and footnotes may be single-spaced.

(3) Margins shall be no less than 1 1/2 inches at the top and 1 inch at the left, right, and bottom, excluding page numbering, which shall be required.

(4) Text shall appear only on the face side of each page.

(c) Binding and Duplication. Briefs and other appellate papers shall be produced by any duplicating or copying process which produces a clear black image on white paper. Carbon copies may not be submitted without permission of the court, except by parties allowed to proceed in forma pauperis. Consecutive sheets shall be attached at the top left margin.

(d) Basic Document Information. Each brief or other appellate document shall contain basic document information on the first page of the document. The information in the case caption shall be arranged in the following order and shall be in the forms illustrated in subsection (1) or (2) below, except that documents issued by the court or clerk of court should omit the attorney section as illustrated in subsection (1)(II) and (2)(II):
On the left side:
Court name and mailing address.
Name of lower court(s), lower court judge(s), and case number(s).
Names of parties.
Name, address, and telephone number of attorney or pro se party filing the document. Fax number and e-mail address are optional.
Attorney registration number.
Document title.
On the right side:
An area for "Court Use Only" that is at least 2 1/2 inches in width and 1 3/4 inches in length (located opposite the court information).
Case number.

(1) Illustration of Preferred Case Caption Format:

(I) Preferred Caption for documents initiated by a party.

Display Image

(II) Preferred Caption for documents issued by the court or clerk of court:Display Image

(2) Illustration of Optional Case Caption:

(I) Optional Caption for documents initiated by a party.Display Image

(II) Optional Caption for documents issued by the court or clerk of court:

Display Image

(e) Improper Form of Briefs and Other Papers. In the event the clerk determines that a brief or other paper does not comply with the Colorado Appellate Rules or is not sufficiently legible, the clerk shall accept the document for filing but may require that a conforming document be filed.

(f) Certificate of Compliance. Each brief shall 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. Form 6 is a suggested form for a certificate of compliance, use of which shall be regarded as meeting the requirements of C.A.R. 32(a)(3) and C.A.R. 32(f).

Your petition will need to comply with the above rules and will need to look something like this:

http://blogs.denverpost.com/crime/files/2011/10/Beinor-Colo-Sup-Ct-Petn-for-Cert-stamped.pdf

The general headings you see in the example are how you should lay out your petition.

Good Luck,
ZDN
Customer: replied 2 years ago.

Thanks, XXXXX XXXXX The only lingering question is, I was using the sample petition you referenced as a guide but need to know for sure if I have to have a table of contents and table of authorities or just the same form as the sample you sent.

Expert:  TexLaw replied 2 years ago.
Thanks for your response.

Neither a table of contents nor a table of authorities is required. This is especially true if the tables would cause you to go over your word count and you need the space for argument. If you have the extra space and do not need it for argument, the tables are a nice touch. The more organized you make your petition, the better.

These petitions are sent to the court and are first analyzed by law clerks who do nothing but read stuff like this all day long. You have to really show them why the Supreme Court needs to hear your case and you need to make the presentation as sharp as possible.

Good Luck,
ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 9 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

this is a new question so if I need to post it differently, let me know.


Can I list obvious mistakes made by both the trial court and appeals court in my petition for a writ of certiorari? In both opinions, the judge referenced specific dates that events occurred that are the wrong dates and change the reality of the case. The correct dates are part of the record but (IMHO) were changed in the opinions to justify a decision.

Expert:  TexLaw replied 2 years ago.
Yes. Absolutely. You need to point this out to help you frame the argument that the findings of fact of the trial court were against the great weight of the evidence.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 9 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

Another question (the system won't let me ask direct if you're offline). I've seen a couple writ of certiorari samples for Colorado that are slightly different in format and just wanted to check and see if, after the statement of the case, is a "reasons to grant this writ" heading instead of a "arguments" heading acceptable? My statement of the case ran a little long and want to get right into the nuts and bolts of why they should take a further look.

Expert:  TexLaw replied 2 years ago.
Hi,

The heading titles are left in your discretion, so yes, that is acceptable.

-ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 9 other Legal Specialists are ready to help you
Expert:  TexLaw replied 2 years ago.
BTW, if you want to ask a new question, all you have to do is ask the question and put my name in the first sentence.
Customer: replied 2 years ago.

I sent you a question yesterday using your "handle" but they gave it to someone else. Do you still get credit for a new answer using this method? If so, here's a new question. Do you know of any Colorado case law that is similar to Lujan v. Defenders of Wildlife that spells out the requirements of standing in a private case in Colorado?

Expert:  TexLaw replied 2 years ago.
Hi, I don't get credit for this question. However, I'm online and will be online for the next several hours. If you can, please send me the question by clicking on my link and asking me a question or sending it to my handle again. Generally, other experts are not supposed to pick up when the question is sent to my handle. I'll be on the look out for the question.
Customer: replied 2 years ago.

They need to work on their system. I sent you two messages, one direct to you and one using your handle and both of them got hi jacked by someone else.

Expert:  TexLaw replied 2 years ago.
I see that. I've sent the website managers messages, and have also messaged the other attorneys.

Let's just proceed under this question line. I will look up that case and let you know my thoughts.

I should have an answer prepared in a few hours.

Thanks,

-ZDN
Expert:  TexLaw replied 2 years ago.
Actually, I just looked over what IrwinLaw wrote about the case. He is correct in his analysis.

Let's talk more about what you are looking for. You are suing a debt collection agency. Tell me briefly what your case is about, what happened at the trial and why you want to appeal. If we attack the problem that way, I can get a good idea of what law you are looking for when I look into the cases.

I look forward to hearing back from you.

-ZDN
Customer: replied 2 years ago.

Actually I was sued by the collection agency and they used a photoshopped bill of sale from the original creditor to a jdb (junk debt buyer) that was notarized with a notary signature and seal that didn't even exist at the time that the document was drafted. Then they said in their complaint that they were the successor entity to another jdb (with a name similar to but different from another jdb in the chain) So basically, even if you ignore the fake bill of sale, the chain went: OC to JDB1, JDB1 to JDB2, then stopped. They said they were assigned the debt from JDBx. After I brought that to their attention (stupid) they magically produced an assignment between JDB2 and them. The problem there was that they again weren't paying attention and dated that assignment two months before the date on the assignment between JDB1 andJDB2 . Sooo, I need some solid case law for Colorado that states something like Lujan, et al. To bring a suit you must prove some sort of real nexus between you and the other party involving injury, more than a casual relationship (just because there's a debt a stranger to the debt can't claim ownership), redress, etc. etc. BTW, they actually told the judge that because records are all sent electronically, they really can't show each individual account they bought, just pools of accounts. Sounds a lot like the mortgage industry.

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