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§ 1288.2.Time For Serving and Filing Response

Title 9. Arbitration · Chapter 4. Enforcement of the Award · Article 2. Limitations of Time · Enacted 1961 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1288.2 gives a respondent the same 100-day deadline as the petitioner to serve and file a response seeking to vacate or correct an award, running from service of the signed award on the respondent or the respondent's representative.

Full Text of § 1288.2

Text sizeJump to: (a) (b)

A response requesting that an award be vacated or that an award be corrected shall be served and filed not later than 100 days after the date of service of a signed copy of the award upon:
(a) The respondent if he was a party to the arbitration; or
(b) The respondent's representative if the respondent was not a party to the arbitration.

Plain-English Summary

Section 1288 sets the petitioner's clock; this section sets the mirror-image clock for the other side. A party on the receiving end of an arbitration award who wants to respond by asking the court to vacate or correct it has 100 days to serve and file that response.

The starting point for that 100 days depends on who's involved. If the respondent was a party to the arbitration, the clock starts running from service of a signed copy of the award on the respondent directly. If the respondent wasn't a party to the arbitration -- someone bound by the award without having participated in it -- the clock instead starts from service on that respondent's representative. Either way, the deadline gives a party facing an award roughly the same runway as a party trying to overturn one under Section 1288, so neither side gains extra time just by waiting to be the responding party rather than the one who files first.

Frequently Asked Questions

How long does a respondent have to ask the court to vacate or correct an award?

100 days after the date a signed copy of the award was served, measured from service on the respondent or, if the respondent wasn't a party to the arbitration, on the respondent's representative.

Does the 100-day period differ for a respondent who wasn't part of the arbitration?

The length of the period is the same, but it runs from service on that respondent's representative rather than on the respondent directly.

Is this the same deadline that applies to someone filing a petition to vacate?

Yes. Section 1288 gives a petitioner 100 days to vacate or correct an award, and this section gives a responding party the same 100 days to raise those requests in a response.

Amendment History

Added by Stats. 1961, Ch. 461.

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: deadline to respond to arbitration award californiaresponse to vacate arbitration award deadline