Today's lesson in the scope of a reply appendix from the 3d District:
The appellants’ appendix did not include all documents necessary for proper
consideration of the issues raised in the opening brief, as defendants appropriately noted.
Plaintiffs were not, however, precluded from filing the reply appendix to provide the
missing documents. Nothing in California Rules of Court, rule 8.124 provides that a
reply appendix may be filed only if a respondent’s appendix was filed, as defendants
contend. The documents included in the reply appendix consisted of documents filed in
the trial court -- documents equally available to each party -- i.e., documents “that could
have been included in the respondent’s appendix.” (Cal. Rules of Court, rule
8.124(b)(6).) Accordingly, the appellants’ reply appendix did not violate California
Rules of Court, rule 8.124.
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