40-16-102. Definitions. As used in this part, the following definitions apply:

Terms Used In Montana Code 40-16-102

  • Arbitration agreement: means an agreement that subjects a family law dispute to arbitration. See Montana Code 40-16-102
  • Arbitrator: means an individual selected, alone or with others, to make an award in a family law dispute that is subject to an arbitration agreement. See Montana Code 40-16-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means the district court. See Montana Code 40-16-102
  • Family law dispute: means a contested issue arising under Title 40. See Montana Code 40-16-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 40-16-102
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(1)”Arbitration agreement” means an agreement that subjects a family law dispute to arbitration.

(2)”Arbitration organization” means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration or is involved in the selection of an arbitrator.

(3)”Arbitrator” means an individual selected, alone or with others, to make an award in a family law dispute that is subject to an arbitration agreement.

(4)”Child-related dispute” means a family law dispute regarding the parenting or financial support of a child.

(5)”Court” means the district court.

(6)”Family law dispute” means a contested issue arising under Title 40.

(7)”Party” means an individual who signs an arbitration agreement and whose rights will be determined by an award.

(8)”Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal entity.

(9)”Record”, used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(10)”Sign” means, with present intent to authenticate or adopt a record:

(a)to execute or adopt a tangible symbol; or

(b)to attach to or logically associate with the record an electronic symbol, sound, or process.

(11)”State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.