40-16-118. Correction by court of unconfirmed award, MCA

Montana Code Annotated 2023

TITLE 40. FAMILY LAW

CHAPTER 16. FAMILY LAW ARBITRATION

Part 1. Uniform Family Law Arbitration Act

Correction By Court Of Unconfirmed Award

40-16-118. Correction by court of unconfirmed award. (1) On motion of a party made not later than 90 days after an arbitrator gives notice under 40-16-115(1) of an award, including an award corrected under 40-16-117, the court shall correct the award if:

(a) the award has an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property;

(b) the award is imperfect in a manner of form not affecting the merits of the issues submitted; or

(c) the arbitrator made an award on a dispute not submitted to the arbitrator and the award may be corrected without affecting the merits of the issues submitted.

(2) A motion under this section to correct an award may be joined with a motion to vacate or amend the award under 40-16-119.

(3) Unless a motion under 40-16-119 is pending, the court may confirm a corrected award under 40-16-116.

History: En. Sec. 18, Ch. 32, L. 2021.