On Monday, March 10, 2025, BHGR’s appellate practice group filed an amicus brief on behalf of the Colorado Trial Lawyers Association (“CTLA”) and the Colorado Defense Lawyers Association (“CDLA”) in the pending Colorado Supreme Court case Jonah Energy LLC v. Riggs Oil & Gas Corporation.
The case concerns the meaning of “excusable neglect” in the context of Colorado Rule of Appellate Procedure 4(a)(4), which permits an extension of time to file a notice of appeal “[u]pon a showing of excusable neglect.” However, because the concept of excusable neglect appears in all manner of rules, statutes, and other legal standards, the Supreme Court’s decision will have a significant and wide-reaching impact beyond the timeliness of a notice of appeal.
In the case, the petitioner filed a notice of appeal past the deadline only because a legal assistant at the petitioner’s law firm inadvertently filed the notice with the trial court and not, as required, with the Colorado Court of Appeals. The Court of Appeals adopted a “hard line rule” and found that the petitioner had not made the required showing of excusable neglect for an extension of time. As a result, the Court refused to grant an extension of time and dismissed the appeal.
In the amicus brief, the CTLA and CDLA urge the Supreme Court to reverse the Court of Appeals as well as reject both the “hard line rule” and an inflexible interpretation of the concept of excusable neglect. Specifically, CTLA and CDLA argue that the “hard line rule” punishes reasonable supervision of legal assistants and paralegals, hinders access to justice, and punishes parties for a user-interface problem.
This brief was authored by BHGR attorneys Rudy Verner, Geoffrey Klingsporn, and Andrew Fischer.
Read the amicus brief here.