A. Except as otherwise provided in Section 28 of this act, an application for judicial relief under the Uniform Arbitration Act must be made by application and motion to the court and heard in the manner provided by law or rule of court for making and hearing motions.
§ 1856.Application
Chapter 38B: Uniform Arbitration Act · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceRequires a request for judicial relief under the Uniform Arbitration Act to proceed by motion rather than a separate lawsuit, and sets the notice and service rules for that motion depending on whether a case is already pending.
Full Text of § 1856
B. Unless a civil action involving the agreement to arbitrate is pending, notice of an initial application and motion to the court under the Uniform Arbitration Act must be served in the manner provided by law for the service of a summons in the filing of a civil action. Otherwise, notice of the motion must be given in the manner provided by law or rule of court for serving motions in pending cases.
Amendment History
Added by Laws 2005, SB 873, c. 364, §6, eff. 1/1/2006.
Plain-English Summary
Section 1856 sets the procedural vehicle for going to court under the Uniform Arbitration Act. With one exception tied to venue under Section 1878, a request for judicial relief -- whether to compel arbitration, confirm an award, or anything else the Act allows a court to do -- must be made by application and motion, and heard the way courts hear motions generally, not through a freestanding lawsuit.
Notice of that motion depends on whether a case is already underway. If no civil action involving the arbitration agreement is pending, notice of the first motion to the court must be served the way a summons is served to start a civil action -- formal service, in other words. If a case is already pending, notice of the motion follows the ordinary rules for serving motions in a pending case.
Frequently Asked Questions
Do I need to file a lawsuit to ask a court to compel or confirm arbitration in Oklahoma?
No. Section 1856 requires these requests to be made by application and motion, heard the way courts hear motions, rather than through a separate civil action.
How do I serve the first motion under the Uniform Arbitration Act if no case is pending?
The same way a summons is served to start a civil action, unless a civil action involving the arbitration agreement is already pending, in which case ordinary motion-service rules apply.
Which court hears a motion under Oklahoma's arbitration act?
Section 1856 doesn't set venue itself -- Section 1878 specifies which county's court a motion must be filed in.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: how to file a motion to compel arbitration oklahoma12 O.S. § 1856service of arbitration motion oklahomaapplication for judicial relief arbitration act