Legal Question in Appeals and Writs in Colorado
Appeal to higher court without an attorney
Facts:
simple divorce, no kids, no debt, signed separation agreement. Taken to small claims court for marital debt. Lost. Appealed. Lost because ex said she did not know what no debt owed meant, though she has master's degree.
Given that my understanding is that a lower court cannot overrule a higher court and a seperation agreement is set in stone, can I appeal to a higher court without counsel. Thanks. Jim
2 Answers from Attorneys
Re: Appeal to higher court without an attorney
You can appeal without counsel. You will need to show that the lower court's action is directly applicable, and opposite the other court action. You will also need to show that small claims court is inferior to the other court. You will need to find a provision in the Colorado Constitution that supports your position. Then find statutory authority or case law support.
Re: Appeal to higher court without an attorney
As I understand your message, you unsuccessfully appealed a small claims court decison to the local district court, and you now want to appeal the district court's ruling. The Colorado Supreme Court has discretion to review such a judgment, but the procedure is complicated. Although it is not required that you have an attorney for an appeal, I would recommend that you hire someone familiar with the process. In any event, you should pay close attention to the deadlines set forth in the Colorado Appellate Rules and elsewhere, as the higher court could lose jurisdiction if you do not act quickly. I hope this helps.
Related Questions & Answers
-
I need an excellent appellant lawyer we signed 3 contracts in a real state... Asked 11/20/05, 7:09 pm in United States Colorado Appeals and Writs