Montana Code 40-16-107. Motion for judicial relief
40-16-107. Motion for judicial relief. (1) A motion for judicial relief under this part must be made to the court in which a proceeding is pending involving a family law dispute subject to arbitration or, if no proceeding is pending, a court with jurisdiction over the parties and the subject matter.
Terms Used In Montana Code 40-16-107
- Arbitration agreement: means an agreement that subjects a family law dispute to arbitration. See Montana Code 40-16-102
- 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.
- Party: means an individual who signs an arbitration agreement and whose rights will be determined by an award. See Montana Code 40-16-102
(2)On motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement that complies with 40-16-105 unless the court determines under 40-16-112 that the arbitration should not proceed.
(3)On motion of a party, the court shall terminate arbitration if it determines that:
(a)the agreement to arbitrate is unenforceable;
(b)the family law dispute is not subject to arbitration; or
(c)under 40-16-112, the arbitration should not proceed.
(4)Unless prohibited by an arbitration agreement, on motion of a party, the court may order consolidation of separate arbitrations involving the same parties and a common issue of law or fact if necessary for the fair and expeditious resolution of the family law dispute.