Can I appeal the denial of my motion to compel psychological evaluations?

Full question:

State of Colorado, Domestic Relations, Parental-Decision making. Have been ongoing litigation per Motion to Modify from Joint Parenting to Sole-Decision maker. I am Petitioner (father), mother and attorney filed the Motion to Modify. Court orders CFI; CFI recommends psychological testing, thus Court Orders. Per the examiner's findings, I learn the mother is currently 'in treatment' and taking medication for depression. A previous attempts to subpoena a former psych eval for same Decision-making contention, failed due to mother's non-payment to former examiner. Mother now claims to be 'in treatment' by the former examiner she never paid. I believe that while mother is taking meds, they are not administered as part of a 'treatment' and certainly NOT by former examiner. The Court Ordered examiner agreed that all data from the previous psych examination is relevant for a more accurate finding.I again try a Motion to Compel the data from that former Psych Eval, stating CRCP 36(a) and 35. I question both the validity of mother's recent examination while taking 'meds' and also believe Rule 35 clearly states all past and future examinations are privy for the Court. The Motion to Compel Psych Evaluations is denied by the Judge, stating my request for admission is not appropriate under Rule 36(a). I am pro se, and disagree. Do I file an appeal; or do I have to request those previous psych evals with proof of mother's currently alleged treatment and medication by some other form of Motion or Rule?

• Category: Criminal
• Subcategory: Appeals
• Date: 04/07/2025
• State: Colorado

Answer:

Under Colorado Appellate Rule 4(b), you must file a notice of appeal within forty-five days after the entry of a final judgment or order. A final judgment is one that resolves the case, leaving nothing more for the court to do regarding the parties' rights.

To appeal, you need to file a notice of appeal with the appellate court's clerk. This notice gives the appellate court exclusive jurisdiction over the appeal. If you miss the deadline to file, your appeal may be dismissed.

Your notice of appeal should include:

• A caption that complies with C.A.R. 32, including the case title, trial court information, and case number.
• A brief description of the case and the order being appealed, including the basis for the appellate court's jurisdiction.
• Whether the order resolved all issues in the trial court.
• An advisory list of issues to be raised on appeal.
• Information on whether a transcript is needed.
• Contact information for all parties involved.
• A certificate of service showing that all parties received a copy of the notice.

If you believe the judge's denial of your Motion to Compel is incorrect, you can file an appeal. However, you may also consider filing another motion to request the previous psychological evaluations, providing evidence of the mother's current treatment and medication as part of your argument.