Rule 3.821. Representation by counsel; proceedings when party absent
Cal. Rules of Court, rule 3.821
Current text effective January 1, 2007.
#(a) Representation by counsel
A party to the arbitration has a right to be represented by an attorney at any proceeding or hearing in arbitration, but this right may be waived. A waiver of this right may be revoked, but if revoked, the other party is entitled to a reasonable continuance for the purpose of obtaining counsel.
(Subd (a) amended effective January 1, 2004.)
#(b) Proceedings when party absent
The arbitration may proceed in the absence of any party who, after due notice, fails to be present and to obtain a continuance. An award must not be based solely on the absence of a party. In the event of a default by defendant, the arbitrator must require the plaintiff to submit such evidence as may be appropriate for the making of an award.
(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2004.)
#History
Rule 3.821 amended and renumbered effective January 1, 2007; adopted as rule 1610 effective July 1, 1976; previously amended and renumbered as rule 1611 effective January 1, 2004.
What this rule requires
Document Filing Requirements
In the event of a default by defendant, the arbitrator must require the plaintiff to submit such evidence as may be appropriate for the making of an award.
Adjournment & Extension Requirements
A waiver of this right may be revoked, but if revoked, the other party is entitled to a reasonable continuance for the purpose of obtaining counsel.
The arbitration may proceed in the absence of any party who, after due notice, fails to be present and to obtain a continuance.
Official text: courts.ca.gov , checked October 19, 2026.