California Rules of Court, Rule 3.822 – Discovery
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California Rules of Court, Rule 3.822 – Discovery
California Law
(a) Right to discovery
The parties to the arbitration have the right to take depositions and to obtain discovery, and to that end may exercise all of the same rights, remedies, and procedures, and are subject to all of the same duties, liabilities, and obligations as provided in part 4, title 3, chapter 3 of the Code of Civil Procedure, except as provided in (b).
(Subd (a) amended and lettered effective January 1, 2007; adopted as part of unlettered subd effective July 1, 1976.)
(b) Completion of discovery
All discovery must be completed not later than 15 days before the date set for the arbitration hearing unless the court, upon a showing of good cause, makes an order granting an extension of the time within which discovery must be completed.
(Subd (b) amended and lettered effective January 1, 2007; adopted as part of unlettered subd effective July 1, 1976.)
Rule 3.822 amended and renumbered effective January 1, 2007; adopted as rule 1612 effective July 1, 1976; previously amended effective July 1, 1979, and January 1, 2004.
California Law Summary
This rule governs the timing of discovery in judicial arbitration proceedings. It stipulates that:
All discovery must be completed no later than 15 days before the date set for the arbitration hearing.
The court may, upon a showing of good cause, grant an extension of the time within which discovery must be completed.
Purpose
To ensure that discovery is conducted efficiently and concludes in a timely manner before arbitration hearings, thereby promoting the expeditious resolution of disputes through arbitration.
Application
This rule applies to all civil cases assigned to judicial arbitration under the California Rules of Court. Parties involved must:
Complete all discovery activities at least 15 days prior to the scheduled arbitration hearing.
If necessary, request an extension by demonstrating good cause to the court.
Failure to adhere to this timeline may result in the exclusion of discovery materials or other procedural consequences.
