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2023 California Rules of Court

Rule 3.824. Conduct of the hearing

(a) Arbitrator's powers

The arbitrator has the following powers; all other questions arising out of the case are reserved to the court:

(1)  To administer oaths or affirmations to witnesses;

(2)  To take adjournments upon the request of a party or upon his or her own initiative when deemed necessary;

(3)  To permit testimony to be offered by deposition;

(4)  To permit evidence to be offered and introduced as provided in these rules;

(5)  To rule upon the admissibility and relevancy of evidence offered;

(6)  To invite the parties, on reasonable notice, to submit arbitration briefs;

(7)  To decide the law and facts of the case and make an award accordingly;

(8)  To award costs, not to exceed the statutory costs of the suit; and

(9)  To examine any site or object relevant to the case.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2004.)

(b) Record of proceedings

(1)  Arbitrator's record

The arbitrator may, but is not required to, make a record of the proceedings.

(2)  Record not subject to discovery

Any records of the proceedings made by or at the direction of the arbitrator are deemed the arbitrator's personal notes and are not subject to discovery, and the arbitrator must not deliver them to any party to the case or to any other person, except to an employee using the records under the arbitrator's supervision or pursuant to a subpoena issued in a criminal investigation or prosecution for perjury.

(3)  No other record

No other record may be made, and the arbitrator must not permit the presence of a stenographer or court reporter or the use of any recording device at the hearing, except as expressly permitted by (1).

(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2004.)

Rule 3.824 amended and renumbered effective January 1, 2007; adopted as rule 1614 effective July 1, 1976; previously amended effective January 1, 2004.

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