Cal. Rules of Court, rule 3.828 · Chapter 2. Judicial Arbitration
Vacating judgment on award
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Motion to vacate
A party against whom a judgment is entered under an arbitration award may, within six months after its entry, move to vacate the judgment on the ground that the arbitrator was subject to a disqualification not disclosed before the hearing and of which the arbitrator was then aware, or upon one of the grounds set forth in Code of Civil Procedure sections 473 or 1286.2(a)(1), (2), and (3), and on no other grounds.
(b) Notice and grounds for granting motion
The motion must be heard upon notice to the adverse parties and to the arbitrator, and may be granted only upon clear and convincing evidence that the grounds alleged are true, and that the motion was made as soon as practicable after the moving party learned of the existence of those grounds.
Notes and commentary — not rule text
History
Rule 3.828 adopted effective January 1, 2007.
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_828
- Text hash
- sha256 bdee3e6e1bab84d8908da09d85bc4641b03edc7264cf46a31385c619dc4afc61
- 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
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California Rules of Court
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