California Code of Civil Procedure 1282.5 – (a) (1) A party to an arbitration has the right to have a …
(a) (1) A party to an arbitration has the right to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing. The transcript shall be the official record of the deposition, proceeding, or hearing.
(2) A party requesting a certified shorthand reporter shall make his or her request in or at either of the following:
Terms Used In California Code of Civil Procedure 1282.5
- Agreement: includes , but is not limited to, agreements providing for valuations, appraisals, and similar proceedings and agreements between employers and employees or between their respective representatives. See California Code of Civil Procedure 1280
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Award: includes , but is not limited to, an award made pursuant to an agreement not in writing. See California Code of Civil Procedure 1280
- Consumer: means an individual who seeks, uses, or acquires, by purchase or lease, any goods or services for personal, family, or household purposes. See California Code of Civil Procedure 1280
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(A) A demand for arbitration, or a response, answer, or counterclaim to a demand for arbitration.
(B) A pre-hearing scheduling conference at which a deposition, proceeding, or hearing is being calendared.
(b) If an arbitration agreement does not provide for a certified shorthand reporter, the party requesting the transcript shall incur the expense of the certified shorthand reporter. However, in a consumer arbitration, a certified shorthand reporter shall be provided upon request of an indigent consumer, as defined in Section 1284.3, at the expense of the nonconsumer party.
(c) If an arbitrator refuses to allow a party to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing pursuant to this section, the party may petition the court for an order to compel the arbitrator to grant the party’s request. The petition may include a request for an order to stay any deposition, proceeding, or hearing related to the arbitration pending the court’s determination of the petition.
(d) This section does not add grounds for vacating an arbitration award pursuant to subdivision (a) of Section 1286.2 or for correcting an arbitration award pursuant to Section 1286.6.
(Added by Stats. 2016, Ch. 626, Sec. 1. (SB 1007) Effective January 1, 2017.)