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§ 171.082.Application to Court; Fees

Title 7. Alternate Methods of Dispute Resolution · Chapter 171. General Arbitration · Subchapter D. Court Proceedings · Last amended 1997 · Last verified August 29, 2026

In one sentenceSection 171.082 provides that filing an application with the clerk invokes the court’s jurisdiction, and that on the initial filing and payment of the usual civil filing fees the clerk dockets the proceeding as a civil action.

Full Text of § 171.082

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(a)The filing with the clerk of the court of an application for an order under this chapter, including a judgment or decree, invokes the jurisdiction of the court.
(b)On the filing of the initial application and the payment to the clerk of the fees of court required to be paid on the filing of a civil action in the court, the clerk shall docket the proceeding as a civil action pending in that court.
End

Plain-English Summary

How an arbitration matter becomes a case on a court’s docket.

Filing invokes jurisdiction. The filing with the clerk of an application for an order under the chapter, including a judgment or decree, is the act that brings the court in.

The initial filing is treated like any civil suit. On filing and payment of the fees required for filing a civil action, the clerk dockets the proceeding as a civil action pending in that court.

The docketing has consequences throughout the chapter. Section 171.093 uses motion practice in a pending civil action as the model for hearings, and Section 171.094 uses civil process as the model for service.

One case holds everything that follows. Later applications about the same arbitration go into the same proceeding rather than starting new ones.

That is what Section 171.095 assumes when it lets a subsequent application be served like a motion in a pending case.

The fee is the ordinary civil filing fee. The chapter sets no special charge for arbitration-related applications.

The section says nothing about which court. Section 171.096 decides the place of filing, and Section 171.097 provides for transfer where the wrong one was chosen.

The design keeps arbitration support inside ordinary civil practice. Lawyers use the same clerk, the same fee, the same docket and the same motion rules they use in any other case.

Frequently Asked Questions

How is a court asked for an arbitration order?

By filing an application with the clerk, which invokes the court’s jurisdiction.

What does the clerk do?

On the initial filing and payment of the usual civil filing fees, the clerk dockets the proceeding as a civil action pending in that court.

Is there a special fee?

No. The fees are those required on filing a civil action in that court.

Amendment History

  • Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source