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Cal. Rules of Court, rule 3.821 · Chapter 2. Judicial Arbitration

Representation by counsel; proceedings when party absent

Verbatim from the official edition

Text — As posted by the Judicial Council of California (read October 22, 2026)

(a) Representation by counsel

A party to the arbitration has a right to be represented by an attorney at any proceeding or hearing in arbitration, but this right may be waived. A waiver of this right may be revoked, but if revoked, the other party is entitled to a reasonable continuance for the purpose of obtaining counsel.

(b) Proceedings when party absent

The arbitration may proceed in the absence of any party who, after due notice, fails to be present and to obtain a continuance. An award must not be based solely on the absence of a party. In the event of a default by defendant, the arbitrator must require the plaintiff to submit such evidence as may be appropriate for the making of an award.

Notes and commentary — not rule text

History

(Subd (a) amended effective January 1, 2004.)

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

Rule 3.821 amended and renumbered effective January 1, 2007; adopted as rule 1610 effective July 1, 1976; previously amended and renumbered as rule 1611 effective January 1, 2004.

Source of truth

Edition
As posted by the Judicial Council of California (read October 22, 2026)
Official file
https://courts.ca.gov/cms/rules/index/three/rule3_821
Text hash
sha256 4af7c274a3da3e17000e17d4f6df4face249603810ff322cbe75db3bfd1a5c44
Composed by
compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.