Rule 3.1330.Motion concerning arbitration

A petition to compel arbitration or to stay a lawsuit while arbitration proceeds is not a typical motion — it asks the court to enforce a private agreement between the parties, so the court needs to see that agreement before it can rule. Rule 3.1330 makes that requirement explicit. Anyone filing a petition under Code of Civil Procedure sections 1281.2 or 1281.4 has to show the court the actual arbitration language, not just assert that an arbitration clause exists.

The rule gives two ways to satisfy that requirement. The petition can quote the arbitration paragraph word for word, or it can attach a copy of the agreement — physically or electronically — and incorporate it by reference. Either approach puts the operative language in front of the judge without forcing the court to track down a separate document or take the petitioner’s word for what the contract says.

This requirement sits on top of whatever other allegations Code of Civil Procedure sections 1281.2 and 1281.4 already demand, such as the existence of the agreement and a party’s refusal to arbitrate. Rule 3.1330 does not replace those substantive requirements; it adds a pleading mechanic that puts the arbitration clause itself into the record from the start.