21-25A-28. Grounds for modification or correction of award.
Upon application made within ninety days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:
(1)There was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award;
(2)The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3)The award is imperfect in a matter of form, not affecting the merits of the controversy.
Source: SL 1971, ch 157, ยง14.
Structure South Dakota Codified Laws
Chapter 25A - Enforcement Of Arbitration Agreements
Section 21-25A-1 - Enforceability of arbitration clauses in written contracts--Labor contracts.
Section 21-25A-2 - Chapter prospective only.
Section 21-25A-3 - Insurance policies not covered--Arbitration agreements void.
Section 21-25A-4 - Circuit court jurisdiction of proceedings.
Section 21-25A-5 - Application to compel arbitration--Order to arbitrate or denial of application.
Section 21-25A-6 - Merits of claim not considered on application to compel arbitration.
Section 21-25A-7 - Stay of judicial proceedings on arbitrable issue--Severance of issues.
Section 21-25A-9 - Appointment of arbitrators according to agreement--Appointment by court.
Section 21-25A-10 - Arbitrators acting by majority.
Section 21-25A-11 - Time and place of hearing--Notice to parties--Waiver of notice.
Section 21-25A-12 - Subpoenas issued by arbitrators--Service and enforcement.
Section 21-25A-13 - Depositions permitted by arbitrators--Compelling testimony.
Section 21-25A-14 - Hearing by all arbitrators--Continuation when arbitrator ceases to act.
Section 21-25A-15 - Evidence presented by parties--Cross-examination.
Section 21-25A-16 - Right to representation by counsel--Waiver ineffective.
Section 21-25A-18 - Witness fees.
Section 21-25A-19 - Time for making award--Extension of time.
Section 21-25A-20 - Award in writing--Delivery to parties.
Section 21-25A-21 - Modification or correction of award--Application--Notice.
Section 21-25A-22 - Payment of expenses of proceedings.
Section 21-25A-23 - Judicial confirmation of award.
Section 21-25A-24 - Grounds for vacation of award.
Section 21-25A-25 - Time for application to vacate award.
Section 21-25A-26 - Confirmation of award on denial of application to vacate.
Section 21-25A-27 - Rehearing ordered after vacation of award--Time allowed for award on rehearing.
Section 21-25A-28 - Grounds for modification or correction of award.
Section 21-25A-29 - Alternative application to modify, correct, or vacate.
Section 21-25A-30 - Confirmation of award after determining application to correct or modify.
Section 21-25A-31 - Judgment or decree on confirmed award--Costs.
Section 21-25A-32 - Filing and docketing of judgment or decree.
Section 21-25A-33 - Applications by motion--Service of notices.
Section 21-25A-34 - Venue of applications.
Section 21-25A-35 - Appeals from orders, judgments, and decrees.
Section 21-25A-36 - Uniformity of construction of chapter.