(a) Stipulations to arbitration When the parties stipulate to arbitration, the case must be set for arbitration forthwith. The stipulation must be filed no later than the time the initial case management statement is filed, unless the court orders otherwise. (Subd (a) amended effective January 1, 2004; previously amended effective July 1, 1979, January 1, 1999, and January 1, 2003.)
Rule 3.812.Assignment to arbitration
Division 8. Alternative Dispute Resolution · Chapter 2. Judicial Arbitration · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.812 explains how a case gets placed on the arbitration track — through party stipulation, plaintiff election, or the court’s own determination at a case management conference — and how a cross-complaint above $50,000 can pull a case back out.
Full Text of Rule 3.812
(b) Plaintiff election for arbitration Upon written election of all plaintiffs to submit a case to arbitration, the case must be set for arbitration forthwith, subject to a motion by defendant for good cause to delay the arbitration hearing. The election must be filed no later than the time the initial case management statement is filed, unless the court orders otherwise. (Subd (b) amended effective January 1, 2004; adopted effective July 1, 1979; previously amended effective January 1, 1982, January 1, 1986, January 1, 1988, and January 1, 2003.)
(c) Cross-actions A case involving a cross-complaint where all plaintiffs have elected to arbitrate must be removed from the list of cases assigned to arbitration if, upon motion of the cross- complainant made within 15 days after notice of the election to arbitrate, the court determines that the amount in controversy relating to the cross-complaint exceeds $50,000. (Subd (c) amended effective January 1, 2004; adopted as part of subd (b) effective July 1, 1979; amended and lettered effective January 1, 2003.)
(d) Case management conference Absent a stipulation or an election by all plaintiffs to submit to arbitration, cases must be set for arbitration when the court determines that the amount in controversy does not exceed $50,000. The amount in controversy must be determined at the first case management conference or review under the rules on case management in division 7 of this title that takes place after all named parties have appeared or defaulted. (Subd (d) amended effective January 1, 2007; adopted as subd (c); previously amended effective July 1, 1979, January 1, 1982, and January 1, 2004; previously amended and relettered effective January 1, 2003.
Plain-English Summary
Getting a case onto the arbitration track happens one of two ways under Rule 3.812, and both are party-driven. The parties can stipulate to arbitration, in which case the case is set for arbitration right away. Or every plaintiff can file a written election to arbitrate — which comes with a built-in tradeoff, since electing plaintiffs are agreeing to cap the award at $50,000 — and the case likewise goes to arbitration right away, though a defendant can still move for good cause to delay the arbitration hearing itself. Either the stipulation or the election has to be filed by the time of the initial case management statement, unless the court allows more time.
A cross-complaint can complicate a plaintiff election. If every plaintiff has elected arbitration but a cross-complainant faces exposure above $50,000, that cross-complainant can move within 15 calendar days of the notice of election to have the case pulled off the arbitration list entirely, once the court confirms the amount in controversy on the cross-complaint exceeds that figure.
When nobody stipulates or elects, the court makes the call itself. It determines the amount in controversy at the first case management conference or review that takes place once all named parties have appeared or defaulted, and if that amount comes in at $50,000 or under, the case is set for arbitration by default.
Frequently Asked Questions
How can a case end up on the judicial arbitration track?
Three ways: the parties stipulate to arbitration, all plaintiffs file a written election to arbitrate, or the court determines at a case management conference that the amount in controversy is $50,000 or less.
Is there a deadline for filing a stipulation or election to arbitrate?
Yes, generally no later than the initial case management statement, though the court can allow additional time.
Can a defendant delay an arbitration hearing after all plaintiffs elect arbitration?
Yes. A defendant can move for good cause to delay the arbitration hearing even after a valid plaintiff election.
What happens if a cross-complaint is worth more than $50,000?
The cross-complainant can move within 15 calendar days of the notice of election to have the case removed from the arbitration list, if the court finds the amount in controversy on the cross-complaint exceeds $50,000.
When does the court decide the amount in controversy for arbitration assignment purposes?
At the first case management conference or review after all named parties have appeared or defaulted, assuming no stipulation or plaintiff election has already resolved the question.
Amendment History
Rule 3.812 amended and renumbered effective January 1, 2007; adopted as rule 1601 effective; July 1, 1976; previously amended effective July 1, 1979, January 1, 1982, January 1, 1985, January 1, 1986, January 1, 1988, January 1, 1991, and January 1, 2003; previously amended and renumbered as rule 1602 effective January 1, 2004.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
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