Can an appellant raise an issue for the first time in a reply brief?

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.)

Other Questions


Does a cross-appellant's reply brief need to address issues raised in the appellant's combined brief? (California, United States of America)
When a defendant fails to raise an issue in the opening brief, raising it for the first time in the reply brief, is a claim of ineffective assistance forfeited? (California, United States of America)
In what circumstances will the Court of Appeal consider an issue raised in a reply brief of an appellant before the reviewing court? (California, United States of America)
What is the record of arguments raised for the first time in appellant's reply brief that counsel was not prepared to cross-examine any witness? (California, United States of America)
Can an appellant's failure to correct an omission in their reply brief be rectified in reply brief? (California, United States of America)
How have courts treated new issues raised in an appellant's reply brief? (California, United States of America)
Can a party who fails to raise issues before the trial court raise new issues on appeal? (California, United States of America)
How have the courts dealt with arguments raised by the appellant in her reply brief? (California, United States of America)
Is a plaintiff estopped from asserting an untimeliness defense if he raises this contention for the first time in his reply brief? (California, United States of America)
When will appellate counsel file a brief raising no issues and asking the record to independently review the record? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.