Colorado § 13-10-116 Appeals

Colorado Statutes

§ 13-10-116 — Appeals

Colorado·Title 13 Courts·Art. Municipal Courts

(1)Appeals may be taken by any defendant from any judgment of a municipal court which is not a qualified municipal court of record to the county court of the county in which such municipal court is located, and the cause shall be tried de novo in the appellate court.

(2)Appeals taken from judgments of a qualified municipal court of record shall be made to the district court of the county in which the qualified municipal court of record is located. The practice and procedure in such case shall be the same as provided by section 13-6-310 and applicable rules of procedure for the appeal of misdemeanor convictions from the county court to the district court, and the appeal procedures set forth in this article shall not apply to such case.

(3)No municipality shall have any right to

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(1) Appeals may be taken by any defendant from any
judgment of a municipal court which is not a qualified municipal court of record to
the county court of the county in which such municipal court is located, and the
cause shall be tried de novo in the appellate court.

(2) Appeals taken from judgments of a qualified municipal court of record
shall be made to the district court of the county in which the qualified municipal
court of record is located. The practice and procedure in such case shall be the
same as provided by section 13-6-310 and applicable rules of procedure for the
appeal of misdemeanor convictions from the county court to the district court, and
the appeal procedures set forth in this article shall not apply to such case.

(3) No municipality shall have any right to appeal from any judgment of a
municipal court, not of record, concerning a violation of any charter provision or
ordinance, but this subsection (3) shall not be construed to prevent a municipality
from maintaining any action to construe, interpret, or determine the validity of any
ordinance or charter provision involved in such proceeding. Nothing in this
subsection (3) shall be construed to prevent a municipality from appealing any
question of law arising from a proceeding in a qualified municipal court of record.

(4) If, in any municipal court, a defendant is denied a jury trial to which he is
entitled under section 13-10-114, he is entitled to a trial by jury under section 16-10-109, C.R.S., and to a trial de novo upon application therefor on appeal.

(5) Notwithstanding any provision of law to the contrary, if confinement of a
child is ordered pursuant to a contempt conviction as set forth in section 13-10-113
(4), appeal shall be to the juvenile court for the county in which the municipal court
is located. Such appeals shall be advanced on the juvenile court's docket to the
earliest possible date. Procedures applicable to such appeals shall be in the same
manner as provided in subsections (1) and (2) of this section for appeals to the
county court.

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Legislative History

Source: L. 69: p. 276, � 1. C.R.S. 1963: � 37-22-14. L. 70: p. 151, � 4. L. 72: p. 267, � 3. L. 77: (3) amended, p. 794, � 4, effective June 3. L. 81: (5) added, p. 882, � 3, effective July 1. L. 85: (1), (2), and (5) amended, p. 570, � 6, effective November 14, 1986.