In all proceedings brought under the provisions of this title, all courts wherein such proceedings are pending shall give such proceedings preference over all other civil actions or proceedings, except older matters of the same character and matters to which special precedence may be given by law, in the matter of setting the same for hearing and in hearing the same to the end that all such proceedings shall be quickly heard and determined.
§ 1291.2.Preference of Proceedings
Title 9. Arbitration · Chapter 5. General Provisions Relating to Judicial Proceedings · Article 1. Petitions and Responses · Enacted 1961 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1291.2 requires every court where a proceeding under this title is pending to give it scheduling and hearing preference over other civil actions, except older matters of the same kind and matters given special precedence elsewhere by law.
Full Text of § 1291.2
Plain-English Summary
Arbitration is supposed to be a faster alternative to full-blown litigation, and this section makes sure the court proceedings that surround it don't undercut that speed. Every court where a proceeding under this title is pending must give it preference over other civil actions and proceedings, both in setting a hearing date and in hearing the matter itself.
That preference isn't absolute. Two categories jump the line ahead of it: older matters of the same character -- meaning an earlier-filed arbitration proceeding still waiting its turn -- and any matters to which the law elsewhere grants special precedence. Within those limits, the goal is plain even if the wording isn't: proceedings under this title should be heard and decided quickly, not left to sit behind a court's ordinary civil docket.
Frequently Asked Questions
Do arbitration-related court proceedings get priority over other civil cases?
Yes. Section 1291.2 requires courts to give them preference in scheduling and hearing over other civil actions and proceedings.
Are there exceptions to that scheduling preference?
Yes, two: older pending matters of the same character, and matters given special precedence by other law.
Why does the law require this kind of preference?
To keep proceedings under this title moving quickly, consistent with arbitration's purpose as a faster alternative to ordinary civil litigation.
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: priority scheduling arbitration proceedings californiapreference over other civil cases arbitration