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A practical guide, in English, for foreign lawyers, investors and professionals who need to understand how Colombian courts calculate the term to file an appeal brief under the General Code of Procedure and Law 2213 of 2022.
1. Basic legal framework (explained in plain English)
Colombian procedure in this area is mainly governed by:
- The General Code of Procedure (Código General del Proceso, “CGP”), especially Article 322, which regulates appeals and states that a failure to substantiate the appeal on time leads to its forfeiture.
- Law 2213 of 2022, Article 12, which adapts the appeal system to the current digital/procedural model and sets a five business day term to file the appeal brief in judgment appeals for civil and family cases.
For foreign practitioners, a crucial point is this: it is not enough to simply say “I appeal” at first instance. The higher court will only study the case if a proper and timely written appeal brief is filed within the statutory term.
2. Step-by-step: how the appeal term is calculated
- The first instance judge issues an order admitting the appeal against the judgment.
- This order is served by publication (“estado”) in the court’s electronic docket. The day of publication is not counted toward the term for the appeal brief.
- Under Colombian rules, the order becomes final (executory) after three business days have elapsed since its notification, provided no additional motion or remedy is filed against that order.
- Once the order is final, the five business day term to file the appeal brief before the Tribunal starts on the following business day.
- If within those five business days the appellant does not submit the written brief, the higher court will declare the appeal deserted/forfeited, and the first instance judgment will stand.
3. Practical example with dates
Imagine a foreign client in a Colombian civil case who receives an unfavorable judgment and appeals. The following example shows how the Colombian court would count the time to file the appeal brief:
- The order that admits the appeal is published (“estado”) on Monday, 3 February 2025.
- There are no holidays in that week, and no further motion is filed against that order.
The calculation would look like this:
| Stage | Procedural day | Date | Comment |
|---|---|---|---|
| Publication of the order admitting the appeal | — | Monday, 3 February 2025 | Service by docket (“estado”). This day does not count toward finality. |
| Order becoming final (executory) | Day 1 of finality | Tuesday, 4 February 2025 | First business day after notification. |
| Order becoming final (executory) | Day 2 of finality | Wednesday, 5 February 2025 | Second business day of finality. |
| Order becoming final (executory) | Day 3 of finality | Thursday, 6 February 2025 | At the end of this day, the order is considered final. |
| Term to file the appeal brief | Day 1 of 5 | Friday, 7 February 2025 | First business day for the appellant’s written brief before the Tribunal. |
| Weekend | — | Saturday 8 and Sunday 9 February 2025 | Non-business days. They do not count. |
| Term to file the appeal brief | Day 2 of 5 | Monday, 10 February 2025 | Second business day of the appeal term. |
| Term to file the appeal brief | Day 3 of 5 | Tuesday, 11 February 2025 | Third business day of the appeal term. |
| Term to file the appeal brief | Day 4 of 5 | Wednesday, 12 February 2025 | Fourth business day of the appeal term. |
| Term to file the appeal brief | Day 5 of 5 | Thursday, 13 February 2025 | Final day to file the written appeal brief. After this date, the appeal may be declared forfeited. |
This type of step-by-step calendar is essential for any foreign investor, company or law firm involved in Colombian litigation, especially when large commercial or infrastructure projects are at stake.
4. Our book: “Guide to Key Questions under the Colombian General Code of Procedure 2025–2026”
To help colleagues and clients around the world understand how Colombian procedure really works in practice, we have created our English-friendly work: “Guide to Key Questions under the Colombian General Code of Procedure 2025–2026”.
This digital guide compiles frequently asked questions that litigation lawyers face every day, such as:
- How to count time limits for appeals, motions and incidents.
- How Colombian courts apply Law 2213 of 2022 in digital proceedings.
- Which documents must be filed at first instance, and which must be reserved for appeal.
- How higher courts are currently deciding key procedural issues.
The guide is written from the perspective of active litigators and cassation lawyers, based on real cases before Colombian courts.
Price of the work: COP $100,000 (approx. value in local currency, paid in Colombia), with immediate digital delivery once payment is confirmed.
Need help with a Colombian case or want the guide?
Whether you represent a client with assets or litigation in Colombia, or you simply want to understand the system in more depth, you can contact us directly via WhatsApp:
WhatsApp number: +57 305 418 3382 (Colombia).
Who we are: Valencia Grajales Abogados
Valencia Grajales Abogados is a Colombian law firm of litigation and cassation lawyers with more than 24 years of experience representing clients before trial courts, high courts and the Supreme Court of Justice in Colombia.
Since 2005, our group has advised and represented individuals, companies and international clients in civil, commercial, labor and family disputes, as well as in extraordinary cassation appeals and exequatur (recognition of foreign judgments).
In addition to courtroom litigation, we design advanced legal models, strategic opinions, procedural risk assessments and educational materials such as our “Guide to Key Questions under the Colombian General Code of Procedure 2025–2026”.
You can learn more about our work and publications at valenciagrajales.com.