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Kansas Statutes Annotated

K.S.A. § 5-402 (2026)

✓ current as of May 2026
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5-402.

History: L. 1973, ch. 24, § 2; Repealed, L. 2018, ch. 90, § 35; July 1.

Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1981–2024 · leading case: Hodes v. Comprehensive Health Assocs., P.A., 670 P.2d 76 (Kan. Ct. App. 1983).
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Hodes v. Comprehensive Health Assocs., P.A., 670 P.2d 76 (Kan. Ct. App. 1983). · cites it 8× “filed an Application for Stay pursuant to the provisions of K.S.A. 5-402(/;) for an Order . . . staying certain arbitration proceedings commenced by the defendant.”
Max Rieke & Bros. v. Van Deurzen & Assocs., P.A., 118 P.3d 704 (Kan. Ct. App. 2005). · cites it 4× “5-418 lists only six specific instances in which a party may bring an appeal: “(a)An appeal may be taken from: (1) An order denying an application to compel arbitration made under K.S.A. 5-402; (2) An order granting an application to stay arbitration made under subsection (b) of…”
MBNA Am. Bank, N.A. v. Credit, 132 P.3d 898 (Kan. 2006). · cites it 3× “§ 4 ; K.S.A. 5-402. All we have in the record is Credit’s assertion that she sent an apparently timely objection to the arbitrator, contesting the existence of an agreement to arbitrate.”
Kansas Gas & Elec. Co. v. Kansas Power & Light Co., 751 P.2d 146 (Kan. Ct. App. 1988). · cites it 6× “This appeal involves two issues: (1) whether the denial of a *547 motion to compel arbitration made under K.S.A. 5-402 is appeal-able as a matter of right; (2) if so, whether the district court’s ruling that the operating agreement did not provide for arbitration is correct.”
D.M. Ward Constr. Co v. Elec. Corp. of Kan. City, 803 P.2d 593 (Kan. Ct. App. 1990). · cites it 4× “On January 3, 1989, Ward filed a motion to compel arbitration and stay the trial court’s proceedings pursuant to K.S.A. 5-402(a). The appearance docket indicates the trial court denied this motion on January 20, 1989, but no journal entry was filed.”
Baxter v. John Weitzel, Inc., 871 P.2d 855 (Kan. Ct. App. 1994). · cites it 9× “5-418, which provides: “(a) An appeal may be taken from: (1) An order denying an application to compel arbitration made under K.S.A. 5-402; “(b) The appeal shall be taken in the manner and'to the same extent as from orders or judgments in a civil action.”
MBNA Am. Bank, N.A. v. Christianson, 659 S.E.2d 209 (S.C. Ct. App. 2008). · cites it 3× “§ 4 (2000); Kan. Stat. Ann. § 5-402 ). 1 The court found that “[ujnder both federal and state law, [the debtor’s] objection to the arbitrator meant the responsibility fell to MBNA to litigate the issue of the agreement’s existence.”
City of Wamego v. L. R. Foy Constr. Co., 675 P.2d 912 (Kan. Ct. App. 1984). · cites it 3× “Defendants sought to submit the dispute to arbitration as permitted by the terms of the contract by filing a motion to stay the civil suit and compel arbitration pursuant to K.S.A. 5-402. This motion was denied by the court and defendants appeal that order.”
Moreland v. Perkins, Smart & Boyd, 240 P.3d 601 (Kan. Ct. App. 2010). · cites it 2× “5-405, as to prejudice substantially the rights of a party; or "(5) There was no arbitration agreement and the issue was not adversely determined in proceedings under K.S.A. 5-402 and the party did not participate in the arbitration hearing without raising the objection; "But…”
Evans Elec. Constr. Co. v. Univ. of Kansas Med. Ctr., 634 P.2d 1079 (Kan. 1981). · cites it 2× “K.S.A. 5-402 provides for an action to compel or stay arbitration.”
Nat'l Educ. Ass'n v. Unified Sch. Dist. No. 501, 925 P.2d 835 (Kan. 1996). “It provides: “(a) An appeal may be taken from: (1) An order denying an application to compel arbitration made under K.S.A. 5-402; (2) An order’granting an application to stay arbitration made under subsection (b) of K.”
Rural Water Dist. No. 6 v. Ziegler Corp., 677 P.2d 573 (Kan. Ct. App. 1984). “5-405, as to prejudice substantially the rights of a party; or “(5) There was no arbitration agreement and the issue wás not adversely determined in proceedings under K.S.A. 5-402 and the party did not participate in the arbitration hearing without raising the objection.”
Show all 22 citing cases →
— K.S.A. § 5-402(5) — 1 case
Hodes v. Comprehensive Health Assocs., P.A., 670 P.2d 76 (Kan. Ct. App. 1983). “filed an Application for Stay pursuant to the provisions of K.S.A. 5-402(/;) for an Order . . . staying certain arbitration proceedings commenced by the defendant.”
— K.S.A. § 5-402(a) — 3 cases
D.M. Ward Constr. Co v. Elec. Corp. of Kan. City, 803 P.2d 593 (Kan. Ct. App. 1990). “On January 3, 1989, Ward filed a motion to compel arbitration and stay the trial court’s proceedings pursuant to K.S.A. 5-402(a). The appearance docket indicates the trial court denied this motion on January 20, 1989, but no journal entry was filed.”
Kansas Gas & Elec. Co. v. Kansas Power & Light Co., 751 P.2d 146 (Kan. Ct. App. 1988). “This appeal involves two issues: (1) whether the denial of a *547 motion to compel arbitration made under K.S.A. 5-402 is appeal-able as a matter of right; (2) if so, whether the district court’s ruling that the operating agreement did not provide for arbitration is correct.”
Kopp v. Kopp, 239 P.3d 878 (Kan. Ct. App. 2010).
— K.S.A. § 5-402(b) — 3 cases
Max Rieke & Bros. v. Van Deurzen & Assocs., P.A., 118 P.3d 704 (Kan. Ct. App. 2005). “5-418 lists only six specific instances in which a party may bring an appeal: “(a)An appeal may be taken from: (1) An order denying an application to compel arbitration made under K.S.A. 5-402; (2) An order granting an application to stay arbitration made under subsection (b) of…”
Kansas Gas & Elec. Co. v. Kansas Power & Light Co., 751 P.2d 146 (Kan. Ct. App. 1988). “This appeal involves two issues: (1) whether the denial of a *547 motion to compel arbitration made under K.S.A. 5-402 is appeal-able as a matter of right; (2) if so, whether the district court’s ruling that the operating agreement did not provide for arbitration is correct.”
Hodes v. Comprehensive Health Assocs., P.A., 670 P.2d 76 (Kan. Ct. App. 1983). “filed an Application for Stay pursuant to the provisions of K.S.A. 5-402(/;) for an Order . . . staying certain arbitration proceedings commenced by the defendant.”
— K.S.A. § 5-402(o) — 1 case
City of Wamego v. L. R. Foy Constr. Co., 675 P.2d 912 (Kan. Ct. App. 1984). “Defendants sought to submit the dispute to arbitration as permitted by the terms of the contract by filing a motion to stay the civil suit and compel arbitration pursuant to K.S.A. 5-402. This motion was denied by the court and defendants appeal that order.”
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