Montana Code 40-16-118. 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:
Terms Used In Montana Code 40-16-118
- 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
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal entity. See Montana Code 40-16-102
- Property: means real and personal property. See Montana Code 1-1-205
(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.