California, United States of America
The following excerpt is from United Grand Corp. v. Malibu Hillbillies, LLC, 248 Cal.Rptr.3d 294, 36 Cal.App.5th 142 (Cal. App. 2019):
"We will not ordinarily consider issues raised for the first time in a reply brief. [Citation.] An issue is new if it does more than elaborate on issues raised in the opening brief or rebut arguments made by the respondent in respondent's brief. Fairness militates against allowing an appellant to raise an issue for the first time in a reply brief because consideration of the issue deprives the respondent of the opportunity to counter the appellant by raising opposing arguments about the new issue. [Citation.]" ( American Indian Model Schools v. Oakland Unified School Dist. (2014) 227 Cal.App.4th 258, 275276, 173 Cal.Rptr.3d 544.)
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