Rule 3.824.Conduct of the hearing

Division 8. Alternative Dispute Resolution · Chapter 2. Judicial Arbitration · Last amended 2007 · Last verified July 29, 2026

In one sentenceThis rule lists everything a judicial arbitrator has the authority to do during a hearing — administering oaths, ruling on evidence, deciding the case, and awarding limited costs — and bars anyone from keeping an official transcript or recording of the proceedings besides the arbitrator’s own private notes.

Full Text of Rule 3.824

Text sizeJump to: (a) (b)

(a) Arbitrator’s powers The arbitrator has the following powers; all other questions arising out of the case are reserved to the court:

(1) To administer oaths or affirmations to witnesses;

(2) To take adjournments upon the request of a party or upon his or her own initiative when deemed necessary;

(3) To permit testimony to be offered by deposition;

(4) To permit evidence to be offered and introduced as provided in these rules;

(5) To rule upon the admissibility and relevancy of evidence offered;

(6) To invite the parties, on reasonable notice, to submit arbitration briefs;

(7) To decide the law and facts of the case and make an award accordingly;

(8) To award costs, not to exceed the statutory costs of the suit; and

(9) To examine any site or object relevant to the case. (Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2004.)

(b) Record of proceedings

(1) Arbitrator’s record The arbitrator may, but is not required to, make a record of the proceedings.

(2) Record not subject to discovery Any records of the proceedings made by or at the direction of the arbitrator are deemed the arbitrator’s personal notes and are not subject to discovery, and the arbitrator must not deliver them to any party to the case or to any other person, except to an employee using the records under the arbitrator’s supervision or pursuant to a subpoena issued in a criminal investigation or prosecution for perjury.

(3) No other record No other record may be made, and the arbitrator must not permit the presence of a stenographer or court reporter or the use of any recording device at the hearing, except as expressly permitted by (1). (Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2004.)

Plain-English Summary

Rule 3.824 defines the arbitrator’s job during the hearing itself. The list of powers is specific: administering oaths, granting adjournments, allowing deposition testimony, ruling on what evidence comes in and how relevant it is, inviting arbitration briefs, deciding the law and facts of the case and issuing an award, awarding costs up to the statutory amount, and inspecting a relevant site or object. Anything not on that list is reserved to the court, so an arbitrator does not have open-ended authority over the case.

The rule also settles a practical question about records. An arbitrator is free to take personal notes during the hearing but is not required to. Whatever notes exist belong to the arbitrator personally — they cannot be discovered, and the arbitrator cannot hand them to a party or anyone else, apart from an assistant working under the arbitrator’s supervision or a subpoena tied to a criminal perjury case. No other record of the hearing is permitted at all: no stenographer, no court reporter, and no recording device, which keeps the informal, streamlined character of judicial arbitration intact.

Frequently Asked Questions

What is an arbitrator allowed to do during the hearing?

Administer oaths, grant adjournments, permit deposition testimony, admit evidence, rule on admissibility and relevance, invite briefs, decide the case’s law and facts and issue an award, award limited costs, and examine a relevant site or object.

Is an arbitrator required to keep a transcript of the hearing?

No. The arbitrator may make a personal record but is not required to, and that record counts as the arbitrator’s private notes.

Can a party get a copy of the arbitrator’s notes from the hearing?

No. The notes are not subject to discovery, and the arbitrator cannot give them to a party or anyone else, apart from an assistant working under the arbitrator’s supervision or a subpoena issued in a criminal perjury matter.

Can a party bring a court reporter to record the arbitration hearing?

No. The rule bars any record besides the arbitrator’s own optional personal notes, so no stenographer, court reporter, or recording device is permitted.

Can the arbitrator award attorney fees or unlimited costs?

No. The arbitrator can award costs, but only up to the statutory costs of the suit.

Amendment History

Rule 3.824 amended and renumbered effective January 1, 2007; adopted as rule 1614 effective July 1, 1976; previously amended 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: arbitrator powers judicial arbitrationcan arbitration hearing be recordedarbitrator authority to award costsno transcript at arbitration hearing