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.
Structure Montana Code Annotated
Chapter 16. Family Law Arbitration
Part 1. Uniform Family Law Arbitration Act
40-16-105. Arbitration agreement
40-16-106. Notice of arbitration
40-16-107. Motion for judicial relief
40-16-108. Qualification and selection of arbitrator
40-16-109. Disclosure by arbitrator -- disqualification
40-16-110. Party participation
40-16-111. Temporary order or award
40-16-112. Protection of party or child
40-16-113. Powers and duties of arbitrator
40-16-114. Recording of hearing
40-16-116. Confirmation of award
40-16-117. Correction by arbitrator of unconfirmed award
40-16-118. Correction by court of unconfirmed award
40-16-119. Vacation or amendment by court of unconfirmed award
40-16-120. Clarification of confirmed award
40-16-122. Modification of confirmed award or judgment
40-16-123. Enforcement of confirmed award
40-16-125. Immunity of arbitrator
40-16-126. Uniformity of application and construction
40-16-127. Relation to electronic signatures in global and national commerce act