Rule 3.823. Rules of evidence at arbitration hearing

(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.

(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

(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.

(C) Any repair estimate offered as an exhibit, and the copies delivered to opposing parties, must be accompanied by:

(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

(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.

(c) Subpoenas

(1) Compelling witnesses to appear

(2) Adjournment or continuances

(3) Contempt

(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.

Committee Notes

(Subd (a) amended effective January 1, 2004.)

(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.)

(Subd (c) amended effective January 1, 2007; previously amended effective July 1, 1979, and January 1, 2004.)

(Subd (d) amended effective January 1, 2017; adopted effective January 1, 1988; previously amended effective January 1, 2004, and January 1, 2016.)