Rule 13.050.Arbitration When Case Already Set for Trial
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 13.050
Plain-English Summary
Once a trial date is on the calendar, arbitration gets harder to fit, and this rule draws the line at 63 days. Inside that window, cases will not be assigned to arbitration except by order of the court.
The parties can get there without an order. If they agree by stipulation on an arbitrator and on a hearing date that falls at least 28 days before the scheduled trial date, no court order is necessary. The stipulation has to cover both halves, who will hear the case and when, and the hearing date has to clear the trial date by the full 28 days.
The practical lesson is to move early. If arbitration is what you want and trial is close, get the stipulation signed rather than filing a motion and hoping. Without agreement, you are asking a judge to make an exception to the 63-day rule, and the answer will depend on the case and the court's calendar.
Frequently Asked Questions
How close to trial can a case still be sent to arbitration?
Not within 63 days of the set trial date, unless the court orders it. Outside that window, the ordinary assignment process applies.
Can we agree to arbitrate even though trial is coming up?
Yes. A court order is not necessary if by stipulation the parties agree on an arbitrator and agree on a hearing date at least 28 days before the scheduled trial date.
What has to be in the stipulation?
Both pieces the rule names: agreement on the arbitrator and agreement on the hearing date. An agreement to arbitrate that leaves the arbitrator or the date open does not meet the rule.
What if the other side will not stipulate?
Then the case cannot be assigned to arbitration inside the 63-day window without an order of the court. Ask the court, and be ready to explain how the arbitration will finish without disturbing the trial date.
Does a late assignment to arbitration change my trial date?
This rule does not move trial dates. It keeps arbitration from being assigned close to a set trial date, and the stipulation route requires the hearing to sit at least 28 days ahead of trial. The chapter's docket rule separately preserves the case's position on the civil trial docket.