California

Civil Procedure

Rule 3.819 – Arbitrator’s fees

(a) Filing of award or notice of settlement required

Except as provided in (b), the arbitrator’s award must be timely filed with the clerk of the court under rule 3.825(b) before a fee may be paid to the arbitrator.

(Subd (a) amended effective January 1, 2013; previously amended effective July 1, 1979, January 1, 2004, and January 1, 2007.)

(b)Exceptions for good cause

On the arbitrator’s verified ex parte application, the court may for good cause authorize payment of a fee:

(1) If the arbitrator devoted a substantial amount of time to a case that was settled without a hearing or without an award being filed. For this purpose, a case is considered settled when one of the following is filed:

(A) A notice of settlement of the entire case, under rule 3.1385; or
(B) A Request for Dismissal (form CIV-110) of the entire case or as to all parties to the arbitration is filed; or
(2) If the award was not timely filed.

(Subd (b) amended effective January 1, 2013; previously amended effective July 1, 1979, January 1, 1987, and January 1, 2004.)

(c) Arbitrator’s fee statement

The arbitrator’s fee statement must be submitted to the administrator promptly upon the completion of the arbitrator’s duties and must set forth the title and number of the cause arbitrated, the date of any arbitration hearing, and the date the award or, notice of settlement, or request for dismissal was filed.

(Subd (c) amended effective January 1, 2013; previously amended effective July 1, 1979, January 1, 2004, and January 1, 2007.)

Cal. R. Ct. 3.819

Rule 3.819 amended effective January 1, 2013; adopted as rule 1608 effective July 1, 1976; previously amended effective July 1, 1979, andJanuary 1, 1987; previously amended and renumbered as rule 1609 effective January 1, 2004, and as rule 3.819 effective January 1, 2007.