40-16-111. Temporary order or award. (1) Before an arbitrator is selected and able to act, on motion of a party, the court may enter a temporary order under 40-4-121.

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Terms Used In Montana Code 40-16-111

  • 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
  • Court: means the district court. See Montana Code 40-16-102
  • Party: means an individual who signs an arbitration agreement and whose rights will be determined by an award. See Montana Code 40-16-102
  • Subpoena: A command to a witness to appear and give testimony.

(2)After an arbitrator is selected:

(a)the arbitrator may make a temporary award under 40-4-121; and

(b)if the matter is urgent and the arbitrator is not able to act in a timely manner or provide an adequate remedy, on motion of a party, the court may enter a temporary order.

(3)On motion of a party, before the court confirms a final award, the court under 40-16-116, 40-16-118, or 40-16-119 may confirm, correct, vacate, or amend a temporary award made under subsection (2)(a).

(4)On motion of a party, the court may enforce a subpoena or interim award issued by an arbitrator for the fair and expeditious disposition of the arbitration.