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§ 1141.25.Reference to Arbitration Proceedings and Award In Subsequent Trial Constitutes Irregularity

Title 3. Of Summary Proceedings · Chapter 2.5. Judicial Arbitration · Enacted 1978 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1141.25 makes any mention of the arbitration proceedings or the arbitration award during a subsequent trial an irregularity in the trial proceedings for purposes of the new-trial grounds set out in § 657.

Full Text of § 1141.25

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Any reference to the arbitration proceedings or arbitration award during any subsequent trial shall constitute an irregularity in the proceedings of the trial for the purposes of Section 657.

Plain-English Summary

A trial de novo is supposed to be a fresh look at the case, untainted by what an arbitrator decided. Section 1141.25 protects that by making any reference to the arbitration proceedings or the arbitration award, once the case reaches a subsequent trial, an irregularity in the proceedings of the trial.

That label matters because § 657 lists an irregularity in the proceedings as one of the grounds for a new trial. A party who improperly introduces the arbitrator's award, or otherwise tells the jury an arbitrator already ruled on the case, exposes the resulting verdict to being set aside on exactly that ground.

Frequently Asked Questions

Can a party tell the jury what the arbitrator decided?

No. Section 1141.25 makes any reference to the arbitration proceedings or award during a subsequent trial an irregularity in the trial proceedings.

What's the consequence of bringing up the arbitration award at trial?

It can serve as grounds for a new trial, since § 657 recognizes an irregularity in the proceedings as a basis for granting one.

Why does the statute treat this so seriously?

Because a trial de novo is meant to be decided independently of the arbitrator's earlier ruling, and letting the jury hear about that ruling would undercut the fresh look the trial is supposed to provide.

Amendment History

Added by Stats. 1978, Ch. 743.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: referring to arbitration award at trial californiairregularity new trial arbitration california