§ 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
Full Text of § 1141.25
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.