On application of a party to the arbitration, the neutral arbitrator may order the deposition of a witness to be taken for use as evidence and not for discovery if the witness cannot be compelled to attend the hearing or if exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally at the hearing, to allow the deposition to be taken. The deposition shall be taken in the manner prescribed by law for the taking of depositions in civil actions. If the neutral arbitrator orders the taking of the deposition of a witness who resides outside the state, the party who applied for the taking of the deposition shall obtain a commission, letters rogatory, or a letter of request therefor from the superior court in accordance with Chapter 10 (commencing with Section 2026.010) of Title 4 of Part 4.
§ 1283.Depositions
Title 9. Arbitration · Chapter 3. Conduct of Arbitration Proceedings · Last amended 2006 · Last verified July 29, 2026
In one sentenceSection 1283 lets the neutral arbitrator, on a party's application, order a witness's deposition taken for use as evidence rather than for discovery when the witness cannot be compelled to attend the hearing or exceptional circumstances justify it, using ordinary civil deposition procedure and requiring a commission or letters rogatory for an out-of-state witness.
Full Text of § 1283
Plain-English Summary
This section covers a narrower and different tool than ordinary discovery: a deposition taken specifically for use as evidence at the hearing, not to explore what a witness knows. On a party's application, the neutral arbitrator can order one, but only if the witness cannot be compelled to attend the hearing, or if exceptional circumstances make taking the deposition desirable in the interest of justice -- with due regard for how much value live, oral testimony at the hearing usually carries.
Once ordered, the deposition follows the same procedure the law prescribes for depositions in ordinary civil actions. If the witness lives outside California, the party who asked for the deposition has to obtain a commission, letters rogatory, or a letter of request from the superior court, following the same procedure used for out-of-state depositions in civil litigation generally.
Frequently Asked Questions
What's the difference between a deposition under this section and an ordinary discovery deposition?
This one is taken for use as evidence at the hearing, not to explore the case generally, and is ordered only when the witness cannot be compelled to attend or exceptional circumstances justify it.
Who decides whether to allow this kind of deposition?
The neutral arbitrator, on application of a party.
What if the witness lives outside California?
The party who applied for the deposition must obtain a commission, letters rogatory, or a letter of request from the superior court.
Amendment History
Amended by Stats 2005 ch 294 (AB 333),s 4, eff. 1/1/2006
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: evidence deposition arbitration californiaout of state witness deposition arbitration