Arbitration: notice of disqualification when proposed neutral arbitrator fails to make timely disclosure, 15 calendar days after the failure
15 days after date the proposed neutral arbitrator failed to comply with ccp 1281.9 (normally the 10th calendar day after service of notice of the proposed nomination or appointment, with no disclosure served), under Cal. Code Civ. Proc. 1281.91(a), (c).
Rule text
(a) A proposed neutral arbitrator shall be disqualified if he or she fails to comply with Section 1281.9 and any party entitled to receive the disclosure serves a notice of disqualification within 15 calendar days after the proposed nominee or appointee fails to comply with Section 1281.9.
Calculate this deadline
Deadline
Monday, November 23, 2026
- Trigger (Date the proposed neutral arbitrator failed to comply with CCP 1281.9 (normally the 10th calendar day after service of notice of the proposed nomination or appointment, with no disclosure served)): Friday, November 6, 2026.
- Exclude the trigger day and count 15 calendar days: Saturday, November 21, 2026.
- That day is a Saturday, so the deadline moves to the next court day: Monday, November 23, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Rules applied
Cal. Code Civ. Proc. 1281.91(a), (c)
(a) A proposed neutral arbitrator shall be disqualified if he or she fails to comply with Section 1281.9 and any party entitled to receive the disclosure serves a notice of disqualification within 15 calendar days after the proposed nominee or appointee fails to comply with Section 1281.9.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- AMBIGUITY: the statute does not say whether the 'failure' date is the 10th day itself or the day after; conservative trigger is the 10th day (yielding the earlier deadline). Chain: arbitrator_disclosure_10_calendar_days then this rule. Waiver if missed (1281.91(c)).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the proposed neutral arbitrator failed to comply with CCP 1281.9 (normally the 10th calendar day after service of notice of the proposed nomination or appointment, with no disclosure served) on Monday, March 15, 2027, personal service: due Tuesday, March 30, 2027.
- Trigger (Date the proposed neutral arbitrator failed to comply with CCP 1281.9 (normally the 10th calendar day after service of notice of the proposed nomination or appointment, with no disclosure served)): Monday, March 15, 2027.
- Exclude the trigger day and count 15 calendar days: Tuesday, March 30, 2027.
Unsettled points
- The calculator treats day 10 after service of the nomination notice as the noncompliance date, so the 15-day period ends on the earlier date.Other reading: If noncompliance occurs on day 11, the disqualification deadline is one day later.
Notes
AMBIGUITY: the statute does not say whether the 'failure' date is the 10th day itself or the day after; conservative trigger is the 10th day (yielding the earlier deadline). Chain: arbitrator_disclosure_10_calendar_days then this rule. Waiver if missed (1281.91(c)).
Related deadlines
- Arbitration: proposed neutral arbitrator's written disclosures due 10 calendar days after service of notice of proposed nomination or appointment (10 days after)
- Arbitration: notice of disqualification of proposed neutral arbitrator, 15 calendar days after service of disclosure statement (15 days after)
- Arbitration (default CAA rule): neutral arbitrator's notice of hearing served at least 7 days before hearing (7 days before)
- Arbitration (default CAA rule, over $50,000 on written notice): notice of hearing at least 60 days before hearing (60 days before)
- Arbitration (default CAA rule, 60-day notice cases): demand for exchange of witness and document lists within 15 days of receipt of hearing notice (15 days after)
- Arbitration (default CAA rule, 60-day notice cases): responding party's witness and document lists 15 days after the demand (15 days after)
- Medical services arbitration agreement (CCP 1295): patient may rescind by written notice within 30 days of signature (30 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.