Ky. Cir. Ct. Clerks' Manual ARBITRATION

7 ARBITRATION

KRS 417.190-220

District and Circuit Courts Process Map

Arbitration is the submission of a dispute to an unbiased third person chosen by the parties

to the controversy, who agree in advance to comply with the arbitrator’s decision. Most

arbitration is considered binding: parties who agree to arbitration are bound to that

agreement and are also bound to satisfy any award determined by the arbitrator. A party to

an arbitration may apply to the court to enforce (vacate, modify, correct or confirm) an

award.

7.1 Motion/Application

Quick Reference

1. Upon receipt of a motion/application to enforce an arbitration award, Treat motion as

treat the motion as an initiating document. initiating document

2. Collect filing fees as set forth in the Accounting Manual for a district civil or Collect filing fees

circuit civil case as indicated by the petitioner and give a receipt. Do not File, date, initial

apply the FILED stamp or process the motion/application until the filing

fees are paid.

EXCEPTIONS: The following are exempted from the filing fees:

• In Forma Pauperis Granted. See Section 57 Motion for Leave to

Proceed In Forma Pauperis.

• Petitioner is the Commonwealth KRS 453.010.

3. Assign to a division using the procedure in your local rules.

4. For more information on how to open a case, see the Case Add section of

the KyCourts manual. CI – Circuit Civil

C – District Civil

5. Generate the next case number in the computer for circuit civil CI cases or

district civil C cases or use the next pre-numbered file folder as requested

by petitioner.

6. If the petitioner is seeking to proceed in forma pauperis, the

motion/application must be accompanied by a Motion for Leave to

Proceed In Forma Pauperis and a supporting affidavit, or AOC Form 026.

See Section 57 Motion for Leave to Proceed In Forma Pauperis for Event type MH

instructions on how to process a Motion for Leave to Proceed In Forma Motion type MTE

Pauperis and the tendered application. DO NOT proceed with the

following steps unless filing fees have been paid, In Forma Pauperis has

been granted, or the petitioner is the Commonwealth.

7. Apply the FILED stamp to the motion; add the date and your initials. CR 5.05 (3).

ARBITRATION

8. If the motion sets a hearing date, complete a scheduled events screen using event type

MH. Use motion type MTE and memo details.

9. Do not issue a summons. Quick Reference

10. Serve notice of an initial motion/application for an order as instructed by Do not issue

the initiating party by certified mail or to be personally delivered by the summons

sheriff or other authorized person. See Service of Process. Serve notice

7.2 Judgment/Order

1. Upon receipt of a signed judgment or order, apply the ENTERED stamp to

the judgment or order; add the date and your initials.

2. Enter the judgment or order on the document screen, including a brief Enter, date, initial

description.

3. Serve notice of the ENTERED judgment/order on all parties by mail or Enter

hand delivery. Enter the method of service (mail or personal service) and judgment/order

notice of entry date on the document screen. See Service of Process and

Notice of Entry.

Serve notice to all

4. When the judgment or order closes this case, enter the disposition date, parties

disposition type and judge at disposition on the case screen.

5. Appeal from final orders or judgments shall be taken in the manner and to

the same extent as from orders or judgments in a district or circuit civil

action. See Appeals.