If appellate-related work is required before the appeals case has a case number, the attorney should bill on the underlying trial court case. If the attorney doing the work preparing for the appeal is substitute appellate counsel, and work occurs before the appeals case has a case number, litigation support attorneys should request access to the appointment as litigation support and bill on the underlying case in CARES using the Activity Type "Appellate work, pending case number" in the "Legal Advocacy and Independent Investigation" activity group. View a list of all activity groups and types
Once a Colorado Court of Appeals case has its own case number, the attorney handling the appeal should create a new appointment in CARES under the Colorado Court of Appeals (CA) case number, and all work related to the appeal should be billed in that CA case thereafter. When creating their appointment, the attorney of record should:
- Select “Court of Appeals” as the Court; the Judicial District will automatically become "N/A" (or you can select "N/A" as the Judicial District).
- Select “Appeal – Court of Appeals” as the Case Type.
If a petition for writ of certiorari or an opposition brief to a petition for writ of certiorari with the Colorado Supreme Court is prepared and filed, the Attorney handling the appeal should bill for the preparation of these documents in the CA case.
If the Colorado Supreme Court accepts jurisdiction in a case, the attorney handling the appeal should create a new appointment in CARES under the Colorado Supreme Court (SC) case number and all work related to the case should be billed in that SC case thereafter. When creating their appointment, the attorney of record should:
- Select “Supreme Court” as the Court; the Judicial District will automatically become "N/A" (or you can select "N/A" as the Judicial District).
- Select “Appeal – Supreme Court” as the Case Type.
To the extent necessary, it is the responsibility of the attorney handling the appeal to ensure any additional funding request required in the billing allocation is sought in accordance with OCR's Billing Policies & Procedures.
Reminder: You can find OCR's Appellate and Litigation Support List posted at https://coloradochildrep.org/attorneys/attorneys-help-center/.