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


Asked on 8/16/06, 11:18 am

2 Answers from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

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.

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Answered on 8/17/06, 9:37 am
Jesse Witt The Witt Law Firm

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.

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Answered on 8/16/06, 12:18 pm


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