This presentation was previously included in the 2025 Appellate Practice Update and was recorded on May 2, 2025. If you attended that program, you may not claim credits again for this short course.

This CLE explores the party presentation principle—the doctrine that courts generally should not go beyond the issues actively litigated by the parties—and how it operates (or falters) in real life. While rooted in the American adversarial system and supported by precedent from both the U.S. and Colorado Supreme Courts, the principle that courts shouldn’t raise issue sua sponte is not absolute. This panel brings together Colorado appellate judges to unpack when and why courts depart from party-framed issues, the formal and informal signals they give, and how attorneys can respond.

Viewers will gain insight into:
•    The doctrinal foundations and values underlying the party presentation principle
•    The risks and justifications for sua sponte judicial decision-making that goes beyond the parties’ arguments
•    Practices like supplemental briefing, oral argument cues, and amicus participation
•    Practical strategies when a court raises unbriefed issues

Whether you're a civil or criminal litigator, this program will help you navigate situations when courts reshape the contours of the case—and prepare you to protect your client's position when they do.

CBA-CLE is committed to providing access, equal opportunity, and reasonable accommodation in its services, programs, and employment. To request an accommodation please contact [email protected] at least 14 business days in advance.

The program is accredited in Colorado. CBA-CLE staff can provide a Uniform Certificate of Attendance, and it is the attendee's responsibility to complete the accreditation outside of Colorado.