Post-trial remedies after a civil trial and how they related to Colorado appeals

Understanding Post-Trial Remedies in Colorado Family Law Cases: Types and Applications

Post-trial remedies are essential components of the legal system, designed to address issues that arise after a trial has concluded. These remedies provide parties with options to rectify perceived injustices or errors in the judicial process.

1. Motion for a New Trial / Rule 59 Motion

One of the most common post-trial remedies is the motion for a new trial. That is a motion under Colorado Rule of Civil Procedure 59 or "Rule 59." This remedy allows a party to request a retrial based on specific grounds, most notably trial court error. A judge may grant a motion like this if he or she realizes that she made an error in the initial order. The motion for a new trial is often seen as the first safeguard against miscarriages of justice. If brought under Rule 59, there are specific timelines that you need to meet, and those timelines interact with the appellate timelines in complex ways. Notably, the filing of a motion under Rule 59 tolls the time for an appeal, but it is also "deemed denied" after 63 days, so the appeal timeline begins to run again even if the trial court does not rule on the post-trial motion. Contact experienced counsel who litigates Colorado family law appeals to help determine appropriate timelines, since these deadlines are jurisdictional, and courts will oust untimely appeals without hearing the merits.

2. Relief from Judgment / Rule 60

Relief from judgment is another important post-trial remedy, which allows a party to seek to have a judgment set aside for reasons such as mistake, inadvertence, surprise, or excusable neglect. These motions generally arise under Colorado Rule of Civil Procedure 60 or "Rule 60." This remedy is particularly crucial when a party believes that the judgment was entered unfairly or without proper consideration of all relevant factors. The court may grant relief if it finds that the moving party has demonstrated sufficient grounds. Rule 60 also provides a "residual" clause that allows correction for reasons that no other rule provides. This provision is "residual" and is not a "catch-all," so it cannot be used to fill in where other rules should have or could have been used. Trust me: the Colorado Supreme Court recently reversed a trial court order granting a motion under Rule 60 for those reasons.

Rule 60 motions, as opposed to Rule 59 motions, do not toll the time for appeal, so even if you are pursuing a post-trial motion under Rule 60, you have to pay attention to your appeal timelines, as they are running. If you need to bring a Rule 60 motion during an appeal, there is a process for that. Again, this is an area where experienced lawyers with Colorado-specific experience can help.

3. Motions to Reconsider

C.R.C.P. 121, or "Rule 121," contains more than a dozen sections which provide procedural rules including standard timelines for motions, standards for continuances, and other important rules. Rule 121 normalizes rules statewide so that the rules for practicing in Denver and Grand Junction and Colorado Springs are all similar. Under Rule 121, parties can file motions to reconsider based on legal error. This remedy is disfavored. It also does not toll the time for appeal. Lawyers rarely bring, and rarely win, these kinds of motions.

4. Appeal

While not a post-trial remedy in the traditional sense, an appeal is a critical process that allows a party to challenge a trial court's decision. An appeal can be based on various grounds, including legal errors, abuse of a court's discretion or, rarely, factual mistakes. The appellate court reviews the trial record to determine whether the lower court's decision should be upheld or reversed.

5. Settlement Negotiations

Post-trial remedies also include the option of engaging in settlement negotiations. After a trial, parties may choose to negotiate a settlement to resolve outstanding issues. This approach can be beneficial for both parties, as it may lead to a mutually agreeable resolution without the need for further litigation.

6. Considerations for Filing Post-Trial Motions

When deciding whether and how to file a post-trial motion, here are some things to think about:

• Did the trial court do something unexpected that needs to be addressed?

• Are there unintended consequences to the court's order?

• Did I learn something after the trial that I could not have learned before the trial that would have changed the outcome?

• Did I just forget to make an argument I wish I'd made? This is not a reason to file a proper post-trial motion. Ensuring your record is properly protected for appeal is a great reason to bring on an appellate consultant well-before your trial.

• Am I giving the trial court a chance to protect the record if I decide to appeal? If so, perhaps a post-trial motion is ill-advised.

These questions are the tip of the iceberg, and it is important to discuss this with a lawyer as soon as possible. Timelines for these motions can be short, and if you miss deadlines, they often cannot be extended.

Contact a Colorado Appeals Attorney Today

Post-trial remedies play a vital role in ensuring fairness and justice within the legal system. Understanding the various types of remedies available can empower parties to seek appropriate redress after a trial. By being informed about these options, individuals and legal practitioners can better navigate the complexities of post-trial proceedings and advocate effectively for their rights.

Contact an experienced family law appellate attorney today to learn about your options.