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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16289
Experience:  15 years exp all aspects of general law
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I am in the process of filing a motion order to allow me to

Customer Question

Hello,
I am in the process of filing a motion for final order to allow me to appeal an order to modify child support that was filed in District Court, Adams County, Colorado on Dec 21,2015. I didn't receive notice of the order until after the 21 day requirement to appeal had passed. However there is no verbiage in the order that states I have 21 days to appeal as required by Magistrate rule C.R.M. 7(a) Magistrates shall include in any order or judgment entered in a proceeding in which consent is not necessary a written notice that the order or judgment was issued in a proceeding where no consent was necessary, and that any appeal must be taken within 21 days pursuant to Rule 7(a).
My question is, what should I say in the body of the motion to address this issue?
Submitted: 10 months ago.
Category: Legal
Expert:  Legalease replied 10 months ago.

Hello there -

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I apologize for the delay in responding to this question but this is the first I have seen it. Addressing this issue in the body of your document is quite simple. If you want to make it a separate short paragraph you should put a heading (center text) such as "Failure of Magistrate Court to Provide Appropriate Appeal Notice in Order" --

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Then, you start a paragraph and address the issue in a manner like this:

"Magistrate's Rule C.R.M. 7(a) states XXXXXXXXXXXXXXXXXXXXXXXXXX (you should write in exact statute/rule language here) -- which requires the Magistrate to state in writing specifically in the final, issued order that the respondent has 21 days to appeal the order. The final order issued to the respondent in this matter did NOT include the required language regarding the 21 day appeal period (See, Exhibit A attached hereto, which is a copy of the Order dated XXXXXX, showing that the Magistrate did not reference the 21 day appeal period as required by C.R.M. 7(a)). Because the Magistrate failed to follow C.R.M. 7(a), Respondent in this matter requests that this court suspend the 21 day appeal period and permit the Respondent to file an appeal in this matter immediately.

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That's about all you have to say and it does not have to be exactly as I have written it (that is a suggestion) -- you simply need to call the Rule to the attention of the court and attach the order as an exhibit to show that the rule was not followed in your case. You are the Respondent in this matter (as I state above).

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I hope that helps. Please let me know if you have any further questions on this matter. If not, can you please press a positive rating in the ratings section above so I will be paid for my time. THANK YOU VERY MUCH

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MARY