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
The following excerpt is from Hassan v. Liberty Mut. Ins. Corp., H044053 (Cal. App. 2020):
In addition, "[o]bvious reasons of fairness militate against consideration of an issue raised initially in the reply brief of an appellant. [Citations.]" (Varjabedian v. City of Madera (1977) 20 Cal.3d 285, 295, fn. 11 (Varjabedian).) Generally, points raised for the first time in a reply brief will not be considered by the reviewing court. (See Julian v. Hartford Underwriters Ins. Co. (2005) 35 Cal.4th 747, 761, fn. 4.)
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