Legal Question in Appeals and Writs in Colorado

late filing of motion

is there a rule that states all motions must be filed on or before the due date when filing a motion in the court of appeals. if so what is it? is there special rules for a extension of time? please state rule and statute or and any case


Asked on 10/22/04, 2:57 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: late filing of motion

Your questions: (1) for rules on filing motions and the time period allotted, you need to go to the rule covering the specific motion. So, what rule were you filing under, and was it a motion for WHAT? (2)CAR 11(d) covers extensions of time for the transmittal of the record. CAR 26(b) covers enlargement of time for most other things. CAR 2 allows the COA to suspend the rules on a showing of good cause. Again, a motion for WHAT? IF you want case support, go to CRS annotated - either Bradford or West.

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Answered on 10/25/04, 10:51 am


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