PRETRIAL ADJUDICATION
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Judicial Arbitration
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The Arbitrator
.........Disqualification
11 Cards On This Topic:
Any party may request disqualification of arbitrator in judicial arbitration.
Any ground for disqualification of judge in 170.1 may be ground for disqualification of arbitrator.
In judicial arbitration, it is duty of the arbitrator to determine existence of any ground for disqualification and notify administrator unless disclosed to parties in writing and expressly waived in writing.
If 1st arbitrator in judicial arbitration declines to serve or 2d arbitrator declines or does not complete hearing within 90 days, with stated exceptions, appointment vacated.
Arbitrator's delay, violating former rule 1605 (b)’s time mandate, constituted reversible error on ground arbitrator subject to disqualification.
Arbitrator may be disqualified if prejudice established against any party, attorney or any interest of party or attorney appearing in action.
Prejudice may be established by oral or written motion without notice supported by affidavit under oath or oral statement.
Form of disqualification affidavit.
Oral statement in lieu of affidavit shall include substantially the same contents as the written affidavit.
Code Civ. Proc. §170.6 does not affect or limit provisions of Code Civ. Proc. §170 and Title 4, Part 2; any provision held invalid shall not affect other provisions and is thus severable.
Copy of request to disqualify must be sent to ADR administrator.