California Rules of Court, Rule 3.825 – The Award
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California Rules of Court, Rule 3.825 – The Award
California Law
(a) Form and content of the award
(1) Award in writing
The award must be in writing and signed by the arbitrator. It must determine all issues properly raised by the pleadings, including a determination of any damages and an award of costs if appropriate.
(2) No findings or conclusions required
The arbitrator is not required to make findings of fact or conclusions of law.
(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2004.)
(b) Filing the award or amended award
(1) Time for filing the award
Within 10 days after the conclusion of the arbitration hearing, the arbitrator must file the award with the clerk, with proof of service on each party to the arbitration. On the arbitrator’s application in cases of unusual length or complexity, the court may allow up to 20 additional days for the filing and service of the award.
(2) Amended award
Within the time for filing the award, the arbitrator may file and serve an amended award.
(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 1995, and January 1, 2004.)
Rule 3.825 amended and renumbered effective January 1, 2007; adopted as rule 1615 effective July 1, 1976; previously amended effective January 1, 1983, January 1, 1985, January 1, 1995, January 1, 2003, and January 1, 2004.
California Law Summary
This rule governs the form, content, and filing requirements of an arbitration award in judicial arbitration proceedings. It specifies that:
The award must be in writing and signed by the arbitrator.
It must determine all issues properly raised by the pleadings, including any damages and an award of costs if appropriate.
The arbitrator is not required to make findings of fact or conclusions of law.
The award must be filed with the court clerk within 10 days after the conclusion of the arbitration hearing, along with proof of service on each party.
In cases of unusual length or complexity, the court may allow up to 20 additional days for filing and service.
An amended award may be filed and served within the time allowed for filing the original award.
Purpose
To ensure that arbitration awards are documented and filed promptly, providing a clear and enforceable resolution to disputes handled through judicial arbitration. This rule promotes efficiency and finality in the arbitration process.
Application
This rule applies to all cases subject to judicial arbitration under the California Rules of Court. Arbitrators must:
Prepare a written, signed award that addresses all issues raised by the pleadings.
File the award with the court clerk within the specified timeframe, including proof of service on all parties.
If necessary, request an extension for filing in cases of unusual length or complexity.
File and serve any amended award within the time allowed for the original award.
