Northstar Project Management, Inc. v. DLR Group, Inc., 2013CO12 (February 11, 2013)

You don’t know what you don’t know; that is why an appeals court must have a complete record before it to render a decision. Here, the court of appeals believed it had a sufficient record; the Court disagreed. CAR 10(b) requires the appellant to submit a record with all evidence relevant to the issue on appeal. Relevance is defined by CRE 401 and conversely by CRE 402 — which excludes irrelevant evidence. It follows, therefore, that all evidence admitted at trial on a claim was relevant; otherwise it would have been excluded. Thus, the record on appeal must include everything in the record related to the issue on appeal. Because CAR 10(b) puts the burden on the appellant, the consequences for failing to designate a complete record fall on the appellant. Here, the appellant won in the court of appeals. But for violating CAR 10(b), the Court dismissed the appeal entirely, with prejudice.

http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2011/11SC494.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8828&courtid=2

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Filed under Appellate Review Challenged, Contracts, Evidence

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