What is the test for making an argument in a reply brief?
California, United States of America
The following excerpt is from Branca v. El-Amin (Estate of Jackson), B282375 (Cal. App. 2019):
As we have discussed, to make such an argument for the first time in a reply brief the appellant must establish the existence of extraordinary circumstances, events which justify waiting until the reply brief to address a contention that should have been set out in the appellant's opening brief. (See Behr v. Redmond, supra, 193 Cal.App.4th at p. 538.)
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