Motion to Compel Arbitration and Stay Civil Action Pending Arbitration
(OK)

Summary

This template is a motion to compel arbitration and stay a civil action pending completion of arbitration for use in Oklahoma district court. This template includes practical guidance, drafting notes, and an optional clause. This form as drafted is for use by a defendant where the parties have an enforceable arbitration agreement, but the plaintiff has initiated a civil action based on a claim that defendant contends is arbitrable under the arbitration agreement. In such a case, the defendant may move under Oklahoma's version of the Uniform Arbitration Act (OUAA, set forth at Okla. Stat. tit. 12, § 1851 et seq.) to compel arbitration and stay the civil action pending completion of arbitration. See Okla. Stat. tit. 12, § 1858(A), (G). This form may be modified for use by either party where no judicial proceeding has been commenced but the opposing party is refusing to arbitrate the dispute as required by the agreement. In the latter case, language regarding a stay of the civil action should be omitted from the motion. The OUAA provides that any request for judicial relief under the OUAA "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." Okla. Stat. tit. 12, § 1856(A). Thus, a motion to compel arbitration under the OUAA should be made in writing and comply with the general format requirements for motions and other documents filed in court under applicable statewide and local rules. See Okla. Stat. tit. 12, §§ 2007(B), 2010(A), 2011(A); Okla. Stat. tit. 12, ch. 2 app., rule 4; see generally Motion Practice Fundamentals (OK) and Formatting Rules in Court Checklist (OK). A motion to compel under the OUAA should set forth the following: • Existence of arbitration agreement. The motion should set forth the existence of an arbitration agreement contained in a "record" between the parties. See Okla. Stat. tit. 12, § 1858(A); see also Okla. Stat. tit. 12, § 1857(A) (arbitration agreement contained in "record" is enforceable); Okla. Stat. tit. 12, § 1852(6) (definition of "record"). The motion should state the date of the agreement and summarize or quote the pertinent arbitration provisions. A copy of the agreement should be attached to the motion. • Existence of dispute subject to arbitration. The motion should describe the nature of the dispute between the parties, including facts showing that the dispute is subject to arbitration under the agreement. • Demand for arbitration and refusal by opposing party. The motion should set forth facts showing that the moving party demanded arbitration under the agreement, but that the opposing party refuses to arbitrate. See Okla. Stat. tit. 12, § 1858(A). Attach a copy of the demand and any documents showing the opposing party's refusal to arbitrate. • Venue facts. Although not expressly required under the OUAA, it is recommended that the motion to compel include facts showing that the county in which the motion was brought is a proper venue for the motion, at least if the motion is not filed in connection with a pending civil action. See Okla. Stat. tit. 12, §§ 1858(E), 1878. The motion should conclude with a request that the court compel the opposing party to arbitrate the dispute (or specified issues) under the arbitration agreement. Although the court should do so automatically, it is also recommended that you also request that the court stay any judicial proceedings related to the issues that are subject to arbitration while the motion is pending and, if it grants the motion to compel, that the court stay the related judicial proceedings pending completion of the arbitration. See Okla. Stat. tit. 12, § 1858(F), (G). Like all documents filed in court, the motion must be signed by an attorney of record for the moving party (or by the moving party, if not represented by an attorney). See Okla. Stat. tit. 12, § 2011(A). Like most types of motions, a motion to compel arbitration must be accompanied by a "concise" brief or a list of authorities on which the moving party relies. Okla. Stat. tit. 12, ch. 2 app., rule 4(c). If the motion is not accompanied by a brief as required, the court may deny the motion without a hearing. See Okla. Stat. tit. 12, ch. 2 app., rule 4(d). For further discussion of the brief requirement and general tips on drafting supporting briefs, see Motion Practice Fundamentals (OK). For a template illustrating the format and structure of a supporting brief, see Brief Supporting Motion (OK). Under the OUAA, if a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion to compel arbitration must be made in that court. Okla. Stat. tit. 12, § 1858(E). Thus, if the plaintiff has brought a civil action involving an arbitrable dispute, any other party wishing to compel arbitration under the agreement must bring the motion to compel in the court where the civil action is pending. If there is no such action pending, a motion to compel arbitration must be made in the district court for the county in which the arbitration agreement specifies the arbitration hearing is to be held. See Okla. Stat. tit. 12, §§ 1858(E), 1878; see also Okla. Stat. tit. 12, § 1852(3) (court means "any court of competent jurisdiction in this state"). If the agreement does not specify an Oklahoma location for the arbitration hearing, the motion may be made in the district court for any county in which an adverse party resides or has a place of business. If no adverse party has a residence or place of business in Oklahoma, the motion may be made in any county in Oklahoma. See Okla. Stat. tit. 12, §§ 1858(E), 1878. The motion should be filed with the court before serving it or a "reasonable time thereafter." See Okla. Stat. tit. 12, § 2005(D). Typically, motion papers are filed in Oklahoma by physically delivering them to the court, although some courts may permit filing by mail or fax. Check with the clerk's office for filing procedures in the court where the case is pending. If required by local rules, provide a courtesy copy to the judge assigned to hear the motion. Before serving the motion papers, check local court procedures and policies for scheduling hearings and oral argument, which vary from county to county. Under the statewide rules, the court may decide some motions without a hearing, based on the moving and opposing papers. See Okla. Stat. tit. 12, ch. 2 app., rule 4(h). You must determine whether the court in which your motion is filed permits or requires a hearing on a motion to compel and, if so, the procedure for notifying the opposing party of the hearing date and time. For further discussion, see Motion Practice Fundamentals (OK). If a civil action involving the arbitration agreement is pending, notice of the motion must be given to the other parties in the manner provided by law or rule of court for serving motions in pending cases. Okla. Stat. tit. 12, § 1856(B). For any party who is represented by an attorney, service must be made on the party's attorney, unless otherwise ordered by the court. See Okla. Stat. tit. 12, § 2005(B). For details on service procedures for motions, see Filing and Serving Documents Other Than Original Petition and Summons Checklist (OK). If no civil action involving the arbitration agreement is pending, notice of the motion must be served in the manner provided by law for the service of a summons in a civil action. Okla. Stat. tit. 12, § 1856(B). For discussion of procedures for service of summons, see Commencing a Lawsuit: Filing the Petition and Serving Process (OK). For further discussion of procedures for compelling arbitration, see Motion to Compel Arbitration and Stay Civil Action Pending Arbitration: Making and Opposing the Motion (CT).