replied 4 years ago.
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.
(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.
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).
(1) Illustration of Preferred Case Caption Format:
(I) Preferred Caption for documents initiated by a party.
(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:
(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:
The general headings you see in the example are how you should lay out your petition.