California Rules of Court, Rule 3.826 – Trial After Arbitration
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California Rules of Court, Rule 3.826 – Trial After Arbitration
California Law
(a) Request for trial; deadline
Within 60 days after the arbitration award is filed with the clerk of the court, a party may request a trial by filing with the clerk a request for trial, with proof of service of a copy upon all other parties appearing in the case. A request for trial filed after the parties have been served with a copy of the award by the arbitrator, but before the award has been filed with the clerk, is valid and timely filed. The 60-day period within which to request trial may not be extended.
(Subd (a) amended effective January 1, 2012; previously amended effective January 1, 1985, July 1, 1990, January 1, 2004, and January 1, 2007.)
California Law Summary
This rule governs the procedure for requesting a trial following a judicial arbitration award in civil cases. It specifies that:
A party may request a trial by filing a request with the court clerk within 60 days after the arbitration award is filed.
The request must include proof of service on all other appearing parties.
A request filed after the parties have been served with the award but before it is filed with the clerk is also valid and timely.
The 60-day period is strict and cannot be extended.
Purpose
To provide a clear and enforceable timeline for parties to contest a judicial arbitration award by requesting a trial, ensuring efficiency and finality in the arbitration process.
Application
This rule applies in civil cases subject to judicial arbitration. Parties must: San Mateo Superior Court
File a request for trial within 60 days after the arbitration award is filed. California Courts
Serve all other appearing parties with the request.
If a timely request is made, the case proceeds under applicable case management orders. If no such order exists, the court must promptly schedule a case management conference. The trial must proceed as though no arbitration occurred; references to the arbitration or its outcome are prohibited during trial. Post-trial costs are assessed according to Code of Civil Procedure § 1141.21
