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2024 California Rules of Court

Rule 3.820. Communication with the arbitrator

(a) Disclosure of settlement offers prohibited

No disclosure of any offers of settlement made by any party may be made to the arbitrator prior to the filing of the award.

(Subd (a) amended and relettered effective January 1, 2004; adopted as part of unlettered subd.)

(b) Ex parte communication prohibited

An arbitrator must not initiate, permit, or consider any ex parte communications or consider other communications made to the arbitrator outside the presence of all of the parties concerning a pending arbitration, except as follows:

(1)  An arbitrator may communicate with a party in the absence of other parties about administrative matters, such as setting the time and place of hearings or making other arrangements for the conduct of the proceedings, as long as the arbitrator reasonably believes that the communication will not result in a procedural or tactical advantage for any party. When such a discussion occurs, the arbitrator must promptly inform the other parties of the communication and must give the other parties an opportunity to respond before making any final determination concerning the matter discussed.

(2)  An arbitrator may initiate or consider any ex parte communication when expressly authorized by law to do so.

(Subd (b) amended effective January 1, 2007; adopted as part of unlettered subd; previously amended and lettered effective January 1, 2004.)

Rule 3.820 amended and renumbered effective January 1, 2007; adopted as rule 1609 effective July 1, 1976; previously amended and renumbered as rule 1610 effective January 1, 2004.

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