Colorado Municipal Court Rules of Procedure: Arraignment, Trial, Appeals

The Colorado Municipal Court Rules of Procedure (C.M.C.R.), adopted by the Colorado Supreme Court, set the process every municipal court in the state follows when handling charter and ordinance violations, from the first appearance through appeal.¹ Municipal courts handle local ordinance cases rather than the felonies and higher-level misdemeanors tried in county or district court, and when a specific municipal rule doesn’t address a situation, the court can look to the Colorado Rules of Criminal Procedure, the Colorado Rules of Civil Procedure, and other directives from the Colorado Supreme Court.

Court of Record or Not of Record

This distinction shapes almost everything else about your case. A court of record keeps an official record of its hearings through an audio recorder or live transcriber, and its judge is a licensed attorney. A court not of record may not keep a transcript, and the presiding judge may not hold a law degree.²

Penalties differ sharply between the two:

Court of record: up to 364 days in jail and a fine of up to $2,650, adjusted annually for inflation.³
Court not of record: up to 90 days in jail and a fine of up to $300.³

The fine ceiling in a court of record has been adjusted for inflation every January since 2014, so the $2,650 figure may be a bit higher by the time you read this. In either court the judge cannot exceed the sentence or fine fixed by the local ordinance itself, even when the statutory maximum is higher. A judge can also suspend all or part of a sentence and place a defendant on probation for up to one year.³

Your Right to a Lawyer

If you are in custody and the charge carries a possible jail sentence, the court must appoint a lawyer to represent you at your first appearance unless you knowingly waive that right, and the appointment lasts as long as you remain in custody.⁴ If you are released, you can still apply, and the court will appoint counsel if it finds you indigent and the charge includes possible incarceration.

If you represent yourself, you are held to the same procedural standards as a licensed attorney. The rules don’t give self-represented defendants extra time or softer requirements.

What Happens at Arraignment

Arraignment, governed by Rule 210, is the first formal hearing and takes place at your first appearance. You can appear in person or through an attorney. The judge explains the charges, the possible penalties, and your rights, and you then enter a plea of guilty, not guilty, or no contest. A guilty or no-contest plea moves the case to sentencing. A not-guilty plea sets the case on the path toward trial. Rule 210 allows a continuance so a defendant can seek an attorney, decide on a plea, or for other sufficient reasons.

An attorney can often file an Entry of Appearance before the arraignment date, and in some courts that filing bypasses arraignment and moves the case straight to scheduling. If you are representing yourself, filing an Entry of Appearance still identifies you as the point of contact for the case.

Getting Evidence Before Trial

Rule 216 lets you request the prosecution’s evidence by submitting a written discovery request.⁵ Material you can obtain includes police and arrest reports, witness statements, body-worn and dashboard camera footage, photographs, physical evidence, and the prosecution’s trial witness list.

The deadlines are firm. Within 21 days of receiving your written request, the prosecutor must turn over the core items: police reports, witness statements, video recordings, physical evidence, and any recorded statements you made. Criminal history records for prosecution witnesses run on a separate track; you must request them at least 21 days before trial, and the prosecution must produce them at least 14 days before trial. All remaining discovery must be delivered at least 14 days before trial, and any later disclosure requires the prosecution to show good cause.⁵

If you need a witness to testify or bring documents, Rule 217 authorizes subpoenas. A subpoena can be issued by the court, the court clerk, or an attorney who has entered an appearance. It must identify the court, name the case, and command the person to attend and testify at a specific time and place. A separate court order, which can be issued without notifying the other side, covers subpoenas for records or physical items. Service can be handled by any peace officer or any non-party at least 18 years old, and the witness can sign a written waiver of personal service. Ignoring a properly served subpoena without a valid excuse can be treated as contempt.

The 91-Day Speedy Trial Deadline

Rule 248 imposes a hard deadline: if your trial hasn’t started within 91 days of arraignment, the court must dismiss the case and you cannot be tried for the same offense.⁶ One narrow exception applies: if a trial is set within the last seven days of that window and a genuine need for a continuance arises, the court can grant one extension of up to 28 additional days. If the trial still doesn’t happen in that extension, dismissal is mandatory.

Two caveats matter. Delays caused by your own continuance requests don’t count against the clock; every continuance you ask for effectively pauses the timer. And you must raise the speedy-trial issue before your trial starts or before entering a guilty plea. If you don’t, you waive the right to seek dismissal on speedy-trial grounds. This is where many defendants lose an otherwise valid argument. You have to assert the right affirmatively.

Trial

At trial the prosecution presents its witnesses and evidence first, with the defense cross-examining each witness. After the prosecution rests, the defense may put on its own case, with the prosecution cross-examining in return. Both sides then deliver closing arguments. Under Rule 229, either side can ask the judge to enter an acquittal if the evidence is insufficient to support a conviction, raised after the prosecution rests or after all evidence has been presented. If the judge denies the motion, the trial continues to a verdict.

Municipal trials can be before a judge alone or before a jury, and the rules presume a bench trial unless you properly exercise your right to a jury. Failing to follow the specific procedures to demand a jury means you’ve waived that right, so if a jury trial matters, address it early.

After a Conviction

Rule 235 provides the post-trial remedies. There is no traditional “motion for new trial” in municipal court, and Rules 233 and 234 are reserved. The available options are:

Correction of an illegal sentence. The court can fix an illegal sentence at any time; there is no deadline.
Reduction of sentence. You must file a motion within 91 days after sentencing, or within 91 days after an appellate court affirms your conviction or denies review. The judge can also reduce a sentence on their own initiative during that window.
Post-conviction review. If your conviction was obtained or your sentence imposed in violation of federal or state constitutional rights, Colorado law, or the municipality’s own charter or ordinances, you can file a motion for post-conviction review within six months of the conviction. A court may consider a late filing on a showing of good cause.

Post-conviction review is the closest thing to a new-trial motion here, but it is narrower; you need to identify a specific constitutional or legal violation, not simply argue the judge weighed the evidence incorrectly. The 91-day sentence-reduction window gives the judge broader discretion to revisit whether the punishment fits the violation.

Appeals

Rule 237 directs you to the appeal process, and the path depends entirely on which type of court heard your case.⁷

From a Court Not of Record

You file your notice of appeal with the municipal court, and the case goes to the county court in the county where the municipal court sits.⁸ The deadline is 14 days after the court issues its order.² The county court conducts an entirely new trial (de novo), with new testimony, new evidence, and a fresh decision.

From a Court of Record

You file your notice of appeal, and the case goes to the district court. The deadline is 35 days after the court issues its order.² The district court does not hold a new trial; the judge reviews the municipal court’s record — transcripts, exhibits, and filings — and decides whether the lower court made a legal error.⁸

Bonds and Deadlines

As a condition of staying your sentence during appeal, you may be required to post an appeal bond or deposit the fines and costs you were assessed. The bond amount varies and is typically set by the municipal judge who heard the original case.² Missing the 14-day or 35-day filing window is fatal to an appeal. One detail that catches people off guard: the municipality generally cannot appeal an acquittal from a court not of record, though it can appeal legal questions from a court of record.⁸

1
Colorado Municipal Courts. CMCR 201 – Scope and Application
2
Colorado Judicial Branch. Municipal or City Court Appeals
3
Justia Law. Colorado Code 13-10-113 – Penalties
4
Colorado General Assembly. HB16-1309 Right To Counsel In Municipal Court
5
Colorado Municipal Courts. CMCR 216 – Discovery and Procedure Before Trial
6
Colorado Municipal Courts. CMCR Rule 248 – Dismissal
7
Colorado Judicial Branch. Municipal Court Rules of Procedure Committee – CMCR Rule 237
8
Justia Law. Colorado Code 13-10-116 – Appeals