Title 16, Practice, Procedure, And Courts

(a) When any bond, bill, or note for the payment of money or delivery of property shall not be paid by the principal debtor, according to the tenor thereof, and the bond, bill, or note, or any part thereof shall be paid by the security, the principal debtor shall refund to the se…

(a) When there are two (2) or more securities in the bond, bill, or note and any of them shall pay in money or property, more than his or her due proportion of the original demand, the security may recover the excess in the same form of action as provided in this subchapter for a…

(a) In all cases where judgment is given in any circuit court upon any bond, bill, or note for the payment of money or the delivery of property, against the principal debtor and securities therein, and the security shall pay the judgment or any part thereof, he or she shall be en…

Actions for the remedies given by this section and §§ 16-107-303 — 16-107-305, 21-2-111, and 21-2-112, may be maintained by and against executors and administrators in all cases where they could be maintained by or against their testators or intestates.

The proceedings upon arbitration and award made under an order or rule of court, or by consent of parties in vacation, shall be as follows in this subchapter.

(a) All controversies which might be the subject of a suit or action may be submitted to the decision of one (1) or more arbitrators, or to two (2) and their umpire, in the manner provided in this subchapter. (b) Parties may make submission by rule of any court having jurisdictio…

(a) (1) Arbitrators and the umpire, if there is one, before they proceed to act, shall take an oath to decide the controversy submitted to them according to law and evidence and the equity of the case, to the best of their judgment, without favor or affection.(2) A certificate of…

(a) The personal representatives of a decedent, guardian of an infant, guardian of an idiot or lunatic, or any trustee may make a submission as provided for in this subchapter touching the estate of the decedent, infant, insane person, or person in respect to which he or she is t…

If any arbitrator fails or refuses to act, the court may set aside the order of reference.

(a) (1) The arbitrators and umpire, if there is one, shall meet at such convenient times and places as may be necessary, of which the parties shall have reasonable notice. They shall hear such evidence as either party may adduce.(2) They shall have power to administer oaths.(3) T…

(1) In this subchapter:(1) “Arbitration organization” means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator.(2) “Arbitrator” means an in…

(a) Except as otherwise provided in this subchapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. (b) A person has notice if t…

(a) This subchapter governs an agreement to arbitrate made on or after July 27, 2011. (b) This subchapter governs an agreement to arbitrate made before July 27, 2011, if all the parties to the agreement or to the arbitration proceeding so agree in a record.

(a) Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive or, the parties may vary the effect of, the requirements of this subchapter to the extent permitted by law. (b) Before a controversy arises …

(a) Except as otherwise provided in § 16-108-228, an application for judicial relief under this subchapter must be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions. (b) Unless a civil action involving the agreemen…

(a) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract. (b) Th…

(a) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement:(1) if the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and(2) if the refusing…

(a) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same ext…

(a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by…

(a) Except as otherwise provided in subsections (c) and (d), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if:(1) there are separate agreem…

(a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a s…

(a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and the arbitration proceeding and to any other arbitrators any known facts that a reasonable…

If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all arbitrators shall conduct the hearing under § 16-108-215(c).

(a) An arbitrator or an arbitration organization acting in that capacity is immune from civil damages for any statement or decision made in connection with or arising out of the conduct of an arbitrator in a dispute resolution process unless the person acted in a manner exhibitin…

(a) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration pro…

A party to an arbitration proceeding may be represented by a lawyer.

(a) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by…

If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under § 16-108-219. A prevailing party may make a motion to the court for an expedited order to confirm the awa…

(a) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the…

(a) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:(1) upon a ground stated in § 16-108-224(a)(1) or (3);(2) because the arbitrator has not made a final and definite award upon a claim submitted by the parties to …

(a) An arbitrator may award any damages that a court is authorized to award by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standard otherwise applicable to the claim. (b) An arbitrator may award reaso…

After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected under § 16-108-220 or § 16-108-224 o…

(a) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:(1) the award was procured by corruption, fraud, or other undue means;(2) there was:(A) evident partiality by an arbitrator appointed as a n…

(a) Upon motion made within ninety days after the movant receives notice of the award under § 16-108-219 or within ninety days after the movant receives notice of a modified or corrected award under § 16-108-220, the court shall modify or correct the award if:(1) there was an evi…

(a) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity with the award. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action. (b) A cou…

(a) A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. (b) An agreement to arbitrate providing for arbitration in this State confers exclusive jurisdiction on the court to enter judgment on an award under this sub…

A motion under § 16-108-205 must be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the motion may be made in the cour…

(a) An appeal may be taken from:(1) an order denying a motion to compel arbitration;(2) an order granting a motion to stay arbitration;(3) an order confirming or denying confirmation of an award;(4) an order modifying or correcting an award;(5) an order vacating an award without …

The provisions of this subchapter governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures…

(a) This subchapter does not affect an action or proceeding commenced or a right accrued before this subchapter takes effect. (b) This subchapter does not apply to:(1) Personal injury or tort matters;(2) Employer-employee disputes; or(3) An insured or beneficiary under any insura…

(1) The plaintiff in a civil action, at or after its commencement, may have an attachment against the property of the defendant, in the cases and upon the grounds stated in this section, as a security for the satisfaction of such judgment as may be recovered:(1) (A) In an action …

(a) (1) Whenever, in a civil action, the plaintiff shall have reason to believe that any other person is indebted to the defendant or has in his or her hands or possession goods and chattels, moneys, credits, and effects belonging to the defendant, the plaintiff may sue out a wri…

(a) In actions for torts committed in this state or to recover statutory penalties, a writ of attachment may be issued against the property of a defendant who is a nonresident of the state in the same manner as in actions ex contractu. (b) Before the clerk shall issue a writ of a…

(a) In an action brought by a creditor against his or her debtor, the plaintiff may, before his or her claim is due, have an attachment against the property of the debtor, where:(1) The debtor has sold, conveyed, or otherwise disposed of his or her property or suffered or permitt…

Attachments may be sued out, and the actions in which the attachments are obtained may be prosecuted, in any county in which property may be attached or where a garnishee, who is indebted or has property belonging to the defendant, is served with process.

(a) (1) An order of attachment shall be made by the clerk of the court in which the action is brought in any case mentioned in § 16-110-101(1), where there is filed in his or her office an affidavit of the plaintiff or of someone in his or her behalf, showing:(A) The nature of th…