Montana Code 40-16-116. Confirmation of award
40-16-116. Confirmation of award. (1) After an arbitrator gives notice under 40-16-115(1) of an award, including an award corrected under 40-16-117, a party may move the court for an order confirming the award.
Terms Used In Montana Code 40-16-116
- 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
- Child-related dispute: means a family law dispute regarding the parenting or financial support of a child. 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
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 40-16-102
(2)Except as otherwise provided in subsection (3), the court shall confirm an award under this part if:
(a)the parties agree in a record to confirmation; or
(b)the time has expired for making a motion, and no motion is pending, under 40-16-118 or 40-16-119.
(3)If an award determines a child-related dispute, the court shall confirm the award under subsection (2) if the court finds, after a review of the record if necessary, that the award on its face:
(a)complies with 40-16-115 and law of this state governing a child-related dispute; and
(b)is in the best interests of the child.
(4)On confirmation, an award under this part is enforceable as a judgment.