(a) Stipulation to continuance; consent of arbitrator Except as provided in (c), the parties may stipulate to a continuance in the case, with the consent of the assigned arbitrator. An arbitrator must consent to a request for a continuance if it appears that good cause exists. Notice of the continuance must be sent to the ADR administrator. (Subd (a) amended effective January 1, 2004; previously amended effective January 1, 1984, and January 1, 1992.)
Rule 3.818.Continuances
Division 8. Alternative Dispute Resolution · Chapter 2. Judicial Arbitration · Last amended 2007 · Last verified July 29, 2026
In one sentenceThis rule lets parties agree to postpone an arbitration hearing with the arbitrator’s consent, allows a court to grant a continuance the arbitrator refuses if a party shows good cause, and caps how far any continuance can push the hearing past the ninety-day deadline without a court order.
Full Text of Rule 3.818
(b) Court grant of continuance If the arbitrator declines to give consent to a continuance, upon the motion of a party and for good cause shown, the court may grant a continuance of the arbitration hearing. In the event the court grants the motion, the party who requested the continuance must notify the arbitrator and the arbitrator must reschedule the hearing, giving notice to all parties to the arbitration proceeding. (Subd (b) amended effective January 1, 2007; previously amended effective July 1, 1979, and January 1, 2004.)
(c) Limitation on length of continuance An arbitration hearing must not be continued to a date later than 90 days after the assignment of the case to the arbitrator, including any time due to continuances granted under this rule, except by order of the court upon the motion of a party as provided in (b). (Subd (c) amended effective January 1, 2004; previously amended effective January 1, 1991 and January 1, 1994.)
Plain-English Summary
Arbitration hearings sometimes need to move. Rule 3.818 lets parties stipulate to a continuance as long as the assigned arbitrator agrees, and the arbitrator has to agree when good cause is shown. Once a continuance is granted this way, notice goes to the ADR administrator so the case file reflects the new timeline.
If the arbitrator will not consent, a party is not stuck. The party can bring a motion to the court, and on a showing of good cause, the court can grant the continuance over the arbitrator’s objection. When that happens, the party who asked for the continuance has to tell the arbitrator, who then reschedules the hearing and notifies everyone involved.
None of this can push the hearing past the ninety-day limit tied to the case’s assignment date, except when the court itself orders a longer continuance through the motion process described above. That ceiling keeps arbitration from drifting indefinitely, even when a party has a good reason to ask for more time.
Frequently Asked Questions
Can the parties agree to postpone the arbitration hearing on their own?
Yes, but only with the assigned arbitrator’s consent. The arbitrator has to consent if good cause for the continuance is shown, and notice of the continuance goes to the ADR administrator.
What if the arbitrator won’t agree to a continuance?
A party can move the court for a continuance, and the court may grant it for good cause even over the arbitrator’s objection. The requesting party then notifies the arbitrator, who reschedules the hearing and notifies the other parties.
Is there a limit on how many continuances a case can get?
The rule doesn’t cap the number, but it caps the timeline: the hearing cannot be continued past ninety days from the case’s assignment to the arbitrator, unless the court orders otherwise through a party’s motion.
Who has to be notified once a continuance is granted?
The ADR administrator, when the parties and arbitrator stipulate to a continuance, and the arbitrator and all parties, when the court grants a continuance the arbitrator had declined.
Amendment History
Rule 3.818 amended and renumbered effective January 1, 2007; adopted as rule 1607 effective July 1, 1976; previously amended effective July 1, 1979, January 1, 1984, January 1, 1991, January 1, 1992, and January 1, 1994; previously amended and renumbered as rule 1608 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
Also known as: postponing an arbitration hearingarbitrator won’t grant continuanceninety day arbitration limitmotion to continue arbitration hearing