(a) Right to discovery The parties to the arbitration have the right to take depositions and to obtain discovery, and to that end may exercise all of the same rights, remedies, and procedures, and are subject to all of the same duties, liabilities, and obligations as provided in part 4, title 3, chapter 3 of the Code of Civil Procedure, except as provided in (b). (Subd (a) amended and lettered effective January 1, 2007; adopted as part of unlettered subd effective July 1, 1976.)
Rule 3.822.Discovery
Division 8. Alternative Dispute Resolution · Chapter 2. Judicial Arbitration · Last amended 2007 · Last verified July 29, 2026
In one sentenceThis rule gives parties in judicial arbitration the same discovery rights and duties they would have under the Code of Civil Procedure’s discovery rules, but requires all discovery to wrap up fifteen days before the arbitration hearing unless the court extends that deadline for good cause.
Full Text of Rule 3.822
(b) Completion of discovery All discovery must be completed not later than 15 days before the date set for the arbitration hearing unless the court, upon a showing of good cause, makes an order granting an extension of the time within which discovery must be completed. (Subd (b) amended and lettered effective January 1, 2007; adopted as part of unlettered subd effective July 1, 1976.)
Plain-English Summary
Arbitration under these rules does not strip parties of ordinary discovery tools. Rule 3.822 gives them the same rights to take depositions and pursue discovery, along with the same duties and obligations, that apply under the Code of Civil Procedure’s discovery provisions generally. In other words, arbitration is not a discovery-free zone — parties can still use interrogatories, document requests, depositions, and the rest of the standard toolkit.
The one significant adjustment is timing. All discovery must be completed no later than fifteen days before the date set for the arbitration hearing. That cutoff keeps the hearing from being disrupted by late-arriving evidence or last-minute discovery disputes. A court can push the deadline back if a party shows good cause for more time, but absent that showing, the fifteen-day cutoff controls.
Frequently Asked Questions
Can parties take depositions and use regular discovery tools in judicial arbitration?
Yes. Rule 3.822 gives parties the same discovery rights, remedies, and procedures, and holds them to the same duties, as under the Code of Civil Procedure’s discovery rules generally.
Is there a deadline for finishing discovery before an arbitration hearing?
Yes. All discovery must be completed no later than fifteen days before the date set for the hearing.
Can that fifteen-day discovery cutoff be extended?
Yes, the court can grant an extension if a party shows good cause for more time.
Amendment History
Rule 3.822 amended and renumbered effective January 1, 2007; adopted as rule 1612 effective July 1, 1976; previously amended effective July 1, 1979, and 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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