2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 4 - Court of Appeals
§ 13-4-108. Supreme Court Review

1. Before application may be made for writ of certiorari, as provided in this section, application shall be made to the court of appeals for a rehearing if required by supreme court rule.
2. Within twenty-eight days after a rehearing has been refused by the court of appeals, any party in interest who is aggrieved by the judgment of the court of appeals may appeal by application to the supreme court for a writ of certiorari.
3. Procedures on writs of certiorari, including procedures for rehearings, shall be as prescribed by rule of the supreme court.

History. Source: L. 69: P. 266, § 1. C.R.S. 1963: § 37-21-8 . L. 98: Entire section amended, p. 949, § 11, effective May 27. L. 2013: (2) amended,(HB 13-1126), ch. 58, p. 191, § 2, effective July 1.

For review on certiorari, see C.A.R. 49.

This section, § 13-4-110 , and § 2(2) of art. VI, Colo. Const., are not in conflict. Bill Dreiling Motor Co. v. Court of Appeals, 171 Colo. 448 , 468 P.2d 37 (1970).

The procedure established in this section and § 13-4-110 and in C.R.C.P. 50-57 clearly provides for appellate review in the supreme court. Bill Dreiling Motor Co. v. Court of Appeals, 171 Colo. 448 , 468 P.2d 37 (1970).

This section establishes certiorari as the form of review from the court of appeals. Bill Dreiling Motor Co. v. Court of Appeals, 171 Colo. 448 , 468 P.2d 37 (1970).

Certiorari is presently recognized as a form of appellate review. Bill Dreiling Motor Co. v. Court of Appeals, 171 Colo. 448 , 468 P.2d 37 (1970).

General assembly may legislate appellate subject matter jurisdiction. The changes brought about by this section, § 13-4-102 , and § 13-4-110 pertain to the subject matter, i.e., jurisdiction of the supreme court and court of appeals and, as such, the changes are within the authority of the general assembly. Bill Dreiling Motor Co. v. Court of Appeals, 171 Colo. 448 , 468 P.2d 37 (1970).

Statutes pertaining to the creation of appellate remedies take precedence over judicial rules of procedure. Bill Dreiling Motor Co. v. Court of Appeals, 171 Colo. 448 , 468 P.2d 37 (1970).

Applied in Honey v. Ranchers & Farmers Livestock Auction Co., 191 Colo. 503 , 553 P.2d 799 (1976); Wiggins v. People, 199 Colo. 341 , 608 P.2d 348 (1980); Nat'l Wildlife Fed'n v. Cotter Corp., 665 P.2d 598 (Colo. 1983).