Except as otherwise provided, an application to the court under the Uniform Arbitration Act shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.
§ 25-2617.Application to court; procedure.
Article 26: Uniform Arbitration Act · Last amended 1987 · Last verified July 22, 2026
In one sentenceThis section requires every application to the court under the Uniform Arbitration Act to proceed by motion under ordinary motion practice, with an initial application served like a summons unless the parties have agreed to a different form of notice.
Full Text of § 25-2617
Source
Laws 1987, LB 71, § 17.
Plain-English Summary
Section 25-2617 supplies the procedural wrapper around every other application this article authorizes — to compel or stay arbitration, to confirm, vacate, modify, or correct an award, and so on. Except where the act says otherwise, any application to the court proceeds by motion, heard the way courts hear motions generally: in the manner and on the notice that law or court rule provides for motions.
The one variation applies to the first application filed in a matter. Unless the parties have agreed to some other arrangement, notice of an initial application for an order must be served the way a summons is served in a civil action — a more formal, more certain method than ordinary motion notice, appropriate for the application that first brings a party into the arbitration proceeding in court.
Frequently Asked Questions
Do I file a separate lawsuit to ask the court to compel or confirm arbitration?
No. Section 25-2617 has applications to the court under the act proceed by motion, heard the way motions are ordinarily heard, rather than as a new, freestanding civil action.
How do I serve the very first application I file in an arbitration-related court matter?
Unless the parties have agreed otherwise, notice of an initial application for an order must be served the way a summons is served in a civil action.
Does this stricter notice requirement apply to every motion I file afterward?
No. It applies to the initial application for an order. Later applications in the same matter follow ordinary motion practice under this section.
What if the arbitration agreement specifies its own notice procedure?
The parties can agree to a different method of notice for the initial application, which then displaces the default summons-style service.
Where does this section fit among the compel, confirm, and vacatur provisions?
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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