(a) Request for trial; deadline Within 60 days after the arbitration award is filed with the clerk of the court, a party may request a trial by filing with the clerk a request for trial, with proof of service of a copy upon all other parties appearing in the case. A request for trial filed after the parties have been served with a copy of the award by the arbitrator, but before the award has been filed with the clerk, is valid and timely filed. The 60-day period within which to request trial may not be extended. (Subd (a) amended effective January 1, 2012; previously amended effective January 1, 1985, July 1, 1990, January 1, 2004, and January 1, 2007.)
Rule 3.826.Trial after arbitration
Division 8. Alternative Dispute Resolution · Chapter 2. Judicial Arbitration · Last amended 2012 · Last verified July 29, 2026
In one sentenceThis rule gives a dissatisfied party sixty unextendable days after the arbitration award is filed to request a full trial, bars any mention of the arbitration at that trial, and directs the court to use the statutory cost-shifting standard when the case does go to trial.
Full Text of Rule 3.826
(b) Prosecution of the case If a party makes a timely request for a trial, the case must proceed as provided under an applicable case management order. If no pending order provides for the prosecution of the case after a request for a trial after arbitration, the court must promptly schedule a case management conference. (Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2004.)
(c) References to arbitration during trial prohibited The case must be tried as though no arbitration proceedings had occurred. No reference may be made during the trial to the arbitration award, to the fact that there had been arbitration proceedings, to the evidence adduced at the arbitration hearing, or to any other aspect of the arbitration proceedings, and none of the foregoing may be used as affirmative evidence, or by way of impeachment, or for any other purpose at the trial. (Subd (c) amended effective January 1, 2004.)
Plain-English Summary
Rule 3.826 is what makes judicial arbitration non-binding: any party can walk away from an unfavorable award and demand a real trial. The request has to be filed with the clerk within sixty days after the award is filed, with proof that a copy went to every other party, and a request filed early — after the arbitrator serves the award but before it is filed with the clerk — still counts as timely. That sixty-day window cannot be extended for any reason.
Once a party requests a trial, the case moves forward under whatever case management order already governs it, or the court promptly sets a case management conference if none exists. From there, the case proceeds as though the arbitration never happened. No one may mention the award, the fact that arbitration occurred, or any evidence from the arbitration hearing at trial, whether as substantive proof, for impeachment, or for any other purpose — the trial starts clean.
The rule closes with a cost consequence. After trial, the court assesses costs using the standards in Code of Civil Procedure section 1141.21, which discourages a party from demanding a trial that produces no better outcome than the arbitration award already gave them.
Frequently Asked Questions
How long do I have to request a trial after an arbitration award?
Sixty days after the award is filed with the clerk, and that deadline cannot be extended. A request filed after the arbitrator serves the award but before it is filed with the clerk still counts as timely.
Can either side ask for a trial, or only the party who lost?
Any party may request a trial after arbitration, regardless of how the award came out.
Can the arbitration award be mentioned at the trial that follows?
No. The case is tried as though no arbitration occurred, and the award, the fact of arbitration, and any evidence from the arbitration hearing cannot be used for any purpose at trial.
Does requesting a trial after arbitration carry any financial risk?
Yes. The court assesses costs after trial under the standards in Code of Civil Procedure section 1141.21, which can penalize a party who does not improve on the arbitration result by insisting on a trial.
Amendment History
Rule 3.826 amended effective January 1, 2012; adopted as rule 1616 effective July 1, 1976; previously amended effective July 1, 1979, July 1, 1990, and January 1, 2004; previously amended and renumbered 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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