(a) Filing of award required Except as provided in (b), the arbitrator’s award must be timely filed with the clerk of the court under rule 3.825(b) before a fee may be paid to the arbitrator. (Subd (a) amended effective January 1, 2013; previously amended effective July 1, 1979, January 1, 2004, and January 1, 2007.)
Rule 3.819.Arbitrator’s fees
Division 8. Alternative Dispute Resolution · Chapter 2. Judicial Arbitration · Last amended 2013 · Last verified July 29, 2026
In one sentenceThis rule bars an arbitrator from being paid until the award is filed with the clerk, unless the court excuses that requirement for good cause when a case settles without a hearing or the award was filed late, and requires a fee statement documenting the case and the relevant dates.
Full Text of Rule 3.819
(b) Exceptions for good cause On the arbitrator’s verified ex parte application, the court may for good cause authorize payment of a fee:
(1) If the arbitrator devoted a substantial amount of time to a case that was settled without a hearing or without an award being filed. For this purpose, a case is considered settled when one of the following is filed:
(A) A notice of settlement of the entire case, under rule 3.1385; or
(B) A Request for Dismissal (form CIV-110) of the entire case or as to all parties to the arbitration is filed; or
(2) If the award was not timely filed. (Subd (b) amended effective January 1, 2013; previously amended effective July 1, 1979, January 1, 1987, and January 1, 2004.)
(c) Arbitrator’s fee statement The arbitrator’s fee statement must be submitted to the administrator promptly upon the completion of the arbitrator’s duties and must set forth the title and number of the cause arbitrated, the date of any arbitration hearing, and the date the award, notice of settlement, or request for dismissal was filed. (Subd (c) amended effective January 1, 2013; previously amended effective July 1, 1979, January 1, 2004, and January 1, 2007.)
Plain-English Summary
Rule 3.819 ties an arbitrator’s paycheck to doing the paperwork. Before an arbitrator can be paid, the award has to be filed with the clerk under rule 3.825(b). That sequencing gives arbitrators an incentive to finish and file the award rather than let a case linger.
The rule carves out two situations where a court can authorize payment anyway, on the arbitrator’s verified ex parte application and for good cause. The first covers a case that settles, or is dismissed, before a hearing or an award, but only where the arbitrator put in a substantial amount of time beforehand — the case counts as settled once a notice of settlement or a Request for Dismissal covering the whole case, or all arbitration parties, is filed. The second covers an award that was filed after the deadline instead of on time.
Either way, the arbitrator still has to submit a fee statement once the work wraps up, identifying the case by title and number and stating the hearing date and the date the award, settlement notice, or dismissal request was filed. That paper trail lets the administrator confirm the fee request lines up with what happened in the case.
Frequently Asked Questions
When can an arbitrator get paid for handling a case?
Generally only after the award has been filed with the clerk under rule 3.825(b). Payment before that point requires a court order under one of the rule’s good-cause exceptions.
What if the case settles before the arbitrator ever holds a hearing?
The arbitrator can apply to the court, on a verified ex parte application, for a fee if a substantial amount of time was devoted to the case before it settled — measured from when a notice of settlement or a Request for Dismissal of the whole case or all arbitration parties was filed.
Can an arbitrator get paid if the award was filed late?
Yes, the court may authorize payment for good cause even when the award was not timely filed, through the same verified ex parte application process.
What has to be in the arbitrator’s fee statement?
The title and number of the case, the date of any hearing, and the date the award, notice of settlement, or request for dismissal was filed.
Amendment History
Rule 3.819 amended effective January 1, 2013; adopted as rule 1608 effective July 1, 1976; previously amended effective July 1, 1979, and January 1, 1987; previously amended and renumbered as rule 1609 effective January 1, 2004, and as rule 3.819 effective January 1, 2007.
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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