In a personal injury action, does defendant have to amend his reply brief to argue that the judgment should be reversed?

California, United States of America


The following excerpt is from People v. Evans, C083064 (Cal. App. 2018):

In his reply brief, defendant argues for the first time that the judgment should be reversed because the trial court failed to give the jury a unanimity instruction. "Points raised in the reply brief for the first time will not be considered, unless good reason is shown for failure to present them before." (Campos v. Anderson (1997) 57 Cal.App.4th 784, 794, fn. 3.) Defendant does not explain why he could not have raised the argument earlier and thus it is forfeited.

Page 5

The judgment is affirmed.

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