Rule 13.070.Exemption from Arbitration
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 13.070
Plain-English Summary
Notification from the court that the case is assigned to arbitration starts a 14-day clock. A party seeking exemption must file and serve a "Motion for Exemption from Arbitration" inside it.
The title is part of the rule, not a suggestion. Name the motion what the rule names it so the clerk and the judge can see what it is at a glance. Both steps are required as well: filing alone is not enough, and the rule pairs filing with service so the other parties know the case may be coming back out of the program.
Grounds come from outside this rule. The chapter's scope rule points to the statutes that exempt matters from the program and to the presiding judge's power to exempt a civil action, and the pleading rule lets a party give notice before assignment instead. Think of this motion as the route once the case has already been assigned, and the notice route as the earlier path.
Frequently Asked Questions
How long do I have to ask for an exemption from arbitration?
14 days, running from the court's notification that the case has been assigned to arbitration. The rule ties the clock to that notice rather than to filing or service of any pleading.
What should the motion be called?
The rule names it: a "Motion for Exemption from Arbitration." Use that title.
Do I have to serve the motion or just file it?
Both. The rule requires the party to file and serve the motion within the 14 days.
I missed the 14 days. What now?
The rule sets the deadline and creates no extension of its own, so raise the problem with the court rather than assuming the motion will be heard. The chapter separately allows the court to order a case removed from mandatory arbitration, which is a different route with a different standard.
Is there another way to keep a case out of arbitration?
Yes. Before the case is assigned, a party can file a notice stating grounds sufficient to exempt it, and the pleading title itself carries a statement about whether the claim is subject to mandatory arbitration. This motion is the after-assignment route.