Rule 3.823.Rules of evidence at arbitration hearing

Division 8. Alternative Dispute Resolution · Chapter 2. Judicial Arbitration · Last amended 2017 · Last verified July 29, 2026

In one sentenceThis rule applies the ordinary rules of evidence to arbitration hearings but relaxes them for specific categories of proof — timely disclosed expert reports, medical and repair bills, sworn witness statements, and depositions — while spelling out how subpoenas and document delivery work in this setting.

Full Text of Rule 3.823

Text sizeJump to: (a) (b) (c) (d)

(a) Presence of arbitrator and parties All evidence must be taken in the presence of the arbitrator and all parties, except where any of the parties has waived the right to be present or is absent after due notice of the hearing. (Subd (a) amended effective January 1, 2004.)

(b) Application of civil rules of evidence The rules of evidence governing civil cases apply to the conduct of the arbitration hearing, except:

(1) Written reports and other documents Any party may offer written reports of any expert witness, medical records and bills (including physiotherapy, nursing, and prescription bills), documentary evidence of loss of income, property damage repair bills or estimates, police reports concerning an accident that gave rise to the case, other bills and invoices, purchase orders, checks, written contracts, and similar documents prepared and maintained in the ordinary course of business.

(A) The arbitrator must receive them in evidence if copies have been delivered to all opposing parties at least 20 days before the hearing.

(B) Any other party may subpoena the author or custodian of the document as a witness and examine the witness as if under cross-examination.

(i) A statement indicating whether or not the property was repaired, and, if it was, whether the estimated repairs were made in full or in part; and

(ii) A copy of the receipted bill showing the items of repair made and the amount paid.

(D) The arbitrator must not consider any opinion as to ultimate fault expressed in a police report.

(2) Witness statements The written statements of any other witness may be offered and must be received in evidence if:

(A) They are made by declaration under penalty of perjury;

(B) Copies have been delivered to all opposing parties at least 20 days before the hearing; and

(C) No opposing party has, at least 10 days before the hearing, delivered to the proponent of the evidence a written demand that the witness be produced in person to testify at the hearing. The arbitrator must disregard any portion of a statement received under this rule that would be inadmissible if the witness were testifying in person, but the inclusion of inadmissible matter does not render the entire statement inadmissible.

(3) Depositions

(A) The deposition of any witness may be offered by any party and must be received in evidence, subject to objections available under Code of Civil Procedure section 2025.410, notwithstanding that the deponent is not “unavailable as a witness” within the meaning of Evidence Code section 240 and no exceptional circumstances exist, if:

(i) The deposition was taken in the manner provided for by law or by stipulation of the parties and within the time provided for in these rules; and

(ii) Not less than 20 days before the hearing the proponent of the deposition delivered to all opposing parties notice of intention to offer the deposition in evidence.

(B) The opposing party, upon receiving the notice, may subpoena the deponent and, at the discretion of the arbitrator, either the deposition may be excluded from evidence or the deposition may be admitted and the deponent may be further cross-examined by the subpoenaing party. These limitations are not applicable to a deposition admissible under the terms of Code of Civil Procedure section 2025.620. (Subd (b) amended effective January 1, 2008; previously amended effective July 1, 1979, January 1, 1984, January 1, 1988, July 1, 1990, January 1, 2004, and January 1, 2007.)

(1) Compelling witnesses to appear The attendance of witnesses at arbitration hearings may be compelled through the issuance of subpoenas as provided in the Code of Civil Procedure, in section 1985 and elsewhere in part 4, title 3, chapters 2 and 3. It is the duty of the party requesting the subpoena to modify the form of subpoena so as to show that the appearance is before an arbitrator and to give the time and place set for the arbitration hearing.

(2) Adjournment or continuances At the discretion of the arbitrator, nonappearance of a properly subpoenaed witness may be a ground for an adjournment or continuance of the hearing.

(3) Contempt If any witness properly served with a subpoena fails to appear at the arbitration hearing or, having appeared, refuses to be sworn or to answer, proceedings to compel compliance with the subpoena on penalty of contempt may be had before the superior court as provided in Code of Civil Procedure section 1991 for other instances of refusal to appear and answer before an officer or commissioner out of court. (Subd (c) amended effective January 1, 2007; previously amended effective July 1, 1979, and January 1, 2004.)

(d) Delivery of documents For purposes of this rule, “delivery” of a document or notice may be accomplished manually, by electronic means under Code of Civil Procedure section 1010.6 and rule 2.251, or in the manner provided by Code of Civil Procedure section 1013. If service is by electronic means, the times prescribed in this rule for delivery of documents, notices, and demands are increased as provided by Code of Civil Procedure section 1010.6. If service is in the manner provided by Code of Civil Procedure section 1013, the times prescribed in this rule are increased as provided by that section. (Subd (d) amended effective January 1, 2017; adopted effective January 1, 1988; previously amended effective January 1, 2004, and January 1, 2016.)

End

Plain-English Summary

Rule 3.823 starts from a familiar baseline: the civil rules of evidence govern arbitration hearings, and all evidence has to be taken with the arbitrator and every party present, absent a waiver or an absence after due notice. From there, the rule carves out several practical shortcuts suited to arbitration’s compressed timeline.

Written reports and business-type documents — expert reports, medical records and bills, income-loss evidence, repair estimates, police reports, contracts, and similar records — come in automatically if delivered to every opposing party at least twenty days before the hearing, though any side can still subpoena the author or custodian for cross-examination. Repair estimates need extra backup showing whether the repairs happened and, if so, the receipted bill. Written witness statements work similarly: they come in if sworn under penalty of perjury, delivered twenty days ahead, and no opposing party demanded the witness testify live at least ten days before the hearing. Depositions taken properly and noticed twenty days in advance are likewise admissible, subject to the usual discovery objections, with the opposing side able to subpoena the deponent for further cross-examination or ask the arbitrator to exclude the deposition instead.

The rule also covers the mechanics around all of this: subpoenas for arbitration witnesses follow the same Code of Civil Procedure provisions used elsewhere, modified to show the appearance is before an arbitrator; a witness’s failure to show up despite a subpoena can support a continuance or, if the witness refuses to answer, contempt proceedings in superior court; and documents can be delivered manually, electronically, or by mail, with the time periods in the rule stretched out accordingly when electronic or mail service is used.

Frequently Asked Questions

Do the normal rules of evidence apply at an arbitration hearing?

Yes, generally. The civil rules of evidence govern the hearing, except for the specific relaxed procedures the rule sets out for written reports, witness statements, and depositions.

Can I submit a doctor’s report or repair bill without calling the author as a witness?

Yes, if you deliver a copy to every opposing party at least twenty days before the hearing. Any opposing party can still subpoena the author or custodian to cross-examine them.

Can a written witness statement take the place of live testimony?

Yes, if it’s made under penalty of perjury, delivered to opposing parties at least twenty days before the hearing, and no opposing party demanded the witness appear in person at least ten days before the hearing.

What happens if a subpoenaed witness doesn’t show up to the arbitration hearing?

The arbitrator can treat the nonappearance as grounds for a continuance, and if the witness refuses to appear or answer despite proper service, contempt proceedings can be brought before the superior court.

How can documents and notices be delivered under this rule?

Manually, electronically under the court’s electronic service rules, or by mail under the standard Code of Civil Procedure service provisions, with the time periods in the rule extended when electronic or mail delivery is used.

Amendment History

Rule 3.823 amended effective January 1, 2017; adopted as rule 1613 effective July 1, 1976; previously amended and renumbered as rule 3.823 effective January 1, 2007; previously amended effective July 1, 1979, January 1, 1984, January 1, 1988, July 1, 1990, January 1, 2004, January 1, 2008, and January 1, 2016.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified July 29, 2026. · Official source

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