reglab/housing_qa huggingface dataset:
MT Code § 27-5-303 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 5. Uniform Arbitration Act|Part 3. Procedure Following Award|27-5-303. Repealed

  27-5-303. Repealed. Sec. 28, Ch. 684, L. 1985.   History: En. Sec. 307, p. 108, Bannack Stat.; re-en. Sec. 363, p. 208, L. 1867; re-en. Sec. 437, p. 123, Cod. Stat. 1871; re-en. Sec. 464, p. 164, L. 1877; re-en. Sec. 464, 1st Div. Rev. Stat. 1879; re-en. Sec. 477, 1st Div. Comp. Stat. 1887; re-en. Sec. 2275, C. Civ. Proc. 1895; re-en. Sec. 7370, Rev. C. 1907; re-en. Sec. 9977, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1286; re-en. Sec. 9977, R.C.M. 1935; R.C.M. 1947, 93-201-6(part); amd. Sec. 26, Ch. 12, L. 1979.
MT Code § 27-5-304 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 5. Uniform Arbitration Act|Part 3. Procedure Following Award|27-5-304. Repealed

  27-5-304. Repealed. Sec. 28, Ch. 684, L. 1985.   History: En. Sec. 310, p. 109, Bannack Stat.; re-en. Sec. 366, p. 209, L. 1867; re-en. Sec. 440, p. 123, Cod. Stat. 1871; re-en. Sec. 467, p. 165, L. 1877; re-en. Sec. 467, 1st Div. Rev. Stat. 1879; re-en. Sec. 480, 1st Div. Comp. Stat. 1887; re-en. Sec. 2278, C. Civ. Proc. 1895; re-en. Sec. 7373, Rev. C. 1907; re-en. Sec. 9980, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1289; re-en. Sec. 9980, R.C.M. 1935; R.C.M. 1947, 93-201-9.
MT Code § 27-5-305 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 5. Uniform Arbitration Act|Part 3. Procedure Following Award|27-5-305. through 27-5-310 reserved

  27-5-305 through 27-5-310 reserved.
MT Code § 27-5-311 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 5. Uniform Arbitration Act|Part 3. Procedure Following Award|27-5-311. Confirmation of award by court

  27-5-311. Confirmation of award by court. Upon the application of a party, the district court shall confirm an award unless within the time limits imposed in this chapter grounds are urged for vacating, modifying, or correcting the award, in which case the court shall proceed as provided in 27-5-312 and 27-5-313.   History: En. Sec. 14, Ch. 684, L. 1985.
MT Code § 27-5-312 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 5. Uniform Arbitration Act|Part 3. Procedure Following Award|27-5-312. Vacating an award

  27-5-312. Vacating an award. (1) Upon the application of a party, the district court shall vacate an award if:   (a) the award was procured by corruption, fraud, or other undue means;   (b) there was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;   (c) the arbitrators exceeded their powers;   (d) the arbitrators refused to postpone the hearing upon sufficient cause being shown or refused to hear evidence material to the controversy or otherwise conducted the hearing, contrary to the provisions of 27-5-213, in a manner that substantially prejudiced the rights of a party;   (e) there was no arbitration agreement and the issue was not adversely determined in proceedings under 27-5-115 and the party did not participate in the arbitration hearing without raising the objection; or   (f) a neutral arbitrator failed to make a material disclosure required by 27-5-116. An award may be vacated because of a material noncompliance with 27-5-116 no later than 90 days following discovery of the failure to disclose.   (2) The fact that the relief could not or would not be granted by a court of law or equity is not grounds for vacating or refusing to confirm the award.   (3) An application under this section must be made within 90 days after delivery of a copy of the award to the applicant, except that if it is predicated upon corruption, fraud, or other undue means, it must be made within 90 days after the grounds are known or should have been known.   (4) In vacating the award on grounds other than those stated in subsection (1)(e), the court may order a rehearing before new arbitrators chosen as provided in the agreement or, if the agreement does not provide a method of selection, by the court in accordance with 27-5-211 or, if the award is vacated on grounds set forth in subsection (1)(c) or (1)(d), the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with 27-5-211. The time within which the agreement requires the award to be made is applicable to the rehearing and commences on the date of the order for rehearing.   (5) If the application to vacate is denied and a motion to modify or correct the award is not pending, the court shall confirm the award.   History: En. Sec. 15, Ch. 684, L. 1985; amd. Sec. 3, Ch. 339, L. 2009.
MT Code § 27-5-313 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 5. Uniform Arbitration Act|Part 3. Procedure Following Award|27-5-313. Modification or correction of award by court

  27-5-313. Modification or correction of award by court. (1) Upon application made within 90 days after delivery of a copy of the award to the applicant, the district court shall modify or correct the award if:   (a) 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;   (b) the arbitrators 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   (c) the award is imperfect in a matter of form not affecting the merits of the controversy.   (2) If the application is granted, the court shall modify and correct the award to effect its intent and shall confirm the award as modified and corrected. Otherwise, the court shall confirm the award as made.   (3) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.   History: En. Sec. 16, Ch. 684, L. 1985.
MT Code § 27-5-314 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 5. Uniform Arbitration Act|Part 3. Procedure Following Award|27-5-314. Judgment on award -- costs

  27-5-314. Judgment on award -- costs. (1) Upon the granting of an order confirming, modifying, or correcting an award, judgment must be entered in conformity with the order and be enforced as any other judgment. Costs of the application and of the proceedings subsequent thereto and disbursements may be awarded by the court.   (2) The judgment may be docketed as if rendered in an action.   History: En. Sec. 17, Ch. 684, L. 1985.
MT Code § 27-5-315 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 5. Uniform Arbitration Act|Part 3. Procedure Following Award|27-5-315. through 27-5-320 reserved

  27-5-315 through 27-5-320 reserved.
MT Code § 27-5-321 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 5. Uniform Arbitration Act|Part 3. Procedure Following Award|27-5-321. Applications to court -- how made

  27-5-321. Applications to court -- how made. Except as otherwise provided, an application to the court under this chapter must be by motion and must be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order must be served in the manner provided by law for the service of a summons in an action.   History: En. Sec. 18, Ch. 684, L. 1985.
MT Code § 27-5-322 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 5. Uniform Arbitration Act|Part 3. Procedure Following Award|27-5-322. Jurisdiction of district court

  27-5-322. Jurisdiction of district court. The making of an agreement described in 27-5-114 providing for arbitration in this state confers jurisdiction on the district court to enforce the agreement under this chapter and to enter judgment on an award under the agreement.   History: En. Sec. 19, Ch. 684, L. 1985.
MT Code § 27-5-323 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 5. Uniform Arbitration Act|Part 3. Procedure Following Award|27-5-323. Venue

  27-5-323. Venue. (1) An initial application must be made to the court of the county in which the agreement provides the arbitration hearing must be held or, if the hearing has been held, in the county in which it was held. Otherwise, the application must be made in the county where the adverse party resides or has a place of business or, if the adverse party does not have a residence or place of business in this state, to the court of any county. All subsequent applications must be made to the court hearing the initial application unless the court otherwise directs. An agreement concerning venue involving a resident of this state is not valid unless the agreement requires that arbitration occur within the state of Montana. This requirement may only be waived upon the advice of counsel as evidenced by counsel's signature on the agreement.  (2) (a) An agreement concerning venue involving an electrical generation facility in this state is not valid unless the agreement requires that arbitration occur within the state before a panel of three arbitrators selected under the Uniform Arbitration Act unless all parties agree in writing to a single arbitrator.   (b) For the purposes of this subsection, "electrical generation facility" has the meaning provided in 75-20-104.   History: En. Sec. 20, Ch. 684, L. 1985; amd. Sec. 607, Ch. 56, L. 2009; amd. Sec. 1, Ch. 376, L. 2021.
MT Code § 27-5-324 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 5. Uniform Arbitration Act|Part 3. Procedure Following Award|27-5-324. Appeals

  27-5-324. Appeals. (1) An appeal may be taken from:   (a) an order denying an application to compel arbitration made under 27-5-115;   (b) an order granting an application to stay arbitration made under 27-5-115(2);   (c) an order confirming or denying confirmation of an award;   (d) an order modifying or correcting an award;   (e) an order vacating an award without directing a rehearing; or   (f) a judgment entered pursuant to the provisions of this chapter.   (2) The appeal must be taken in the manner and to the same extent as from orders or judgments in a civil action in district court.   History: En. Sec. 21, Ch. 684, L. 1985.
MT Code § 27-6-101 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 1. General Provisions|27-6-101. Short title

  27-6-101. Short title. This chapter may be cited as the "Montana Medical Legal Panel Act".   History: En. 17-1301 by Sec. 1, Ch. 449, L. 1977; R.C.M. 1947, 17-1301; amd. Sec. 1, Ch. 376, L. 1983.
MT Code § 27-6-102 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 1. General Provisions|27-6-102. Purpose

  27-6-102. Purpose. The purpose of this chapter is to prevent where possible the filing in court of actions against health care providers and their employees for professional liability in situations where the facts do not permit at least a reasonable inference of malpractice and to make possible the fair and equitable disposition of such claims against health care providers as are or reasonably may be well founded.   History: En. 17-1302 by Sec. 2, Ch. 449, L. 1977; R.C.M. 1947, 17-1302.
MT Code § 27-6-104 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 1. General Provisions|27-6-104. Creation of panel

  27-6-104. Creation of panel. The Montana medical legal panel is created. The panel is attached to the Montana supreme court for administrative purposes only, except that 2-15-121(2) does not apply.   History: En. 17-1304 by Sec. 4, Ch. 449, L. 1977; R.C.M. 1947, 17-1304(part); amd. Sec. 3, Ch. 376, L. 1983.
MT Code § 27-6-105 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 1. General Provisions|27-6-105. What claims panel to review -- exceptions

  27-6-105. What claims panel to review -- exceptions. The panel shall review all malpractice claims or potential claims against health care providers covered by this chapter except:   (1) those claims subject to a valid arbitration agreement allowed by law or upon which suit has been filed prior to April 19, 1977; and   (2) a claim brought by an inmate of a correctional facility against a health care provider arising from a health care service provided by the health care provider within the facility.   History: En. 17-1304 by Sec. 4, Ch. 449, L. 1977; R.C.M. 1947, 17-1304(part); amd. Sec. 2, Ch. 270, L. 2007.
MT Code § 27-6-106 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 1. General Provisions|27-6-106. Immunity of panel members and witnesses from civil liability

  27-6-106. Immunity of panel members and witnesses from civil liability. Panelists and witnesses are absolutely immune from civil liability for all communications, findings, opinions, and conclusions made in the course and scope of the duties prescribed by this chapter.   History: En. 17-1312 by Sec. 12, Ch. 449, L. 1977; R.C.M. 1947, 17-1312(5).
MT Code § 27-6-201 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 2. Administration of Act|27-6-201. Appointment, term, and salary of director

  27-6-201. Appointment, term, and salary of director. The director of the panel shall be appointed by the executive director of the Montana medical association, subject to the approval of the chief justice of the Montana supreme court. The director shall serve at the pleasure of, and the director's salary shall be set by, the executive director of the Montana medical association, subject to the approval of the chief justice.   History: En. 17-1304 by Sec. 4, Ch. 449, L. 1977; R.C.M. 1947, 17-1304(4).
MT Code § 27-6-202 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 2. Administration of Act|27-6-202. Employment of staff and maintenance of offices

  27-6-202. Employment of staff and maintenance of offices. (1) The director, subject to the approval of the chief justice, may employ and fix the compensation for clerical and other assistants that the director considers necessary.   (2) The panel shall maintain adequate offices, in which its records must be kept and its official business transacted.   History: En. 17-1305 by Sec. 5, Ch. 449, L. 1977; R.C.M. 1947, 17-1305(4), (5); amd. Sec. 608, Ch. 56, L. 2009.
MT Code § 27-6-203 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 2. Administration of Act|27-6-203. Compensation of panel and staff

  27-6-203. Compensation of panel and staff. (1) All members of the panel must be paid a salary in the amount of $40 an hour, under guidelines promulgated by the Montana supreme court.   (2) All members of the panel, the director, and the director's staff are entitled to travel expenses incurred while on the business of the panel, as provided in 2-18-501 through 2-18-503, but the expenses must be approved by the director before payment is made.   History: En. 17-1305 by Sec. 5, Ch. 449, L. 1977; R.C.M. 1947, 17-1305(1), (2); amd. Sec. 609, Ch. 56, L. 2009.
MT Code § 27-6-204 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 2. Administration of Act|27-6-204. Authority to adopt rules

  27-6-204. Authority to adopt rules. The director, in consultation with the state bar of Montana and subject to approval of the supreme court, is authorized to adopt and publish rules of procedure necessary to implement and carry out the duties of the medical review panel. No rules may be adopted, however, which require a party to make a monetary payment as a condition to bringing a malpractice claim before the medical review panel.   History: En. 17-1313 by Sec. 13, Ch. 449, L. 1977; R.C.M. 1947, 17-1313.
MT Code § 27-6-205 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 2. Administration of Act|27-6-205. Powers of panel

  27-6-205. Powers of panel. The panel may provide for the administration of oaths, the receipt of claims filed, the promulgation of forms required by this chapter, the issuance of subpoenas in connection with the administration of this chapter, and the performance of all other acts required to fairly and effectively administer this chapter.   History: En. 17-1305 by Sec. 5, Ch. 449, L. 1977; R.C.M. 1947, 17-1305(3).
MT Code § 27-6-207 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 2. Administration of Act|27-6-207. Panel audits

  27-6-207. Panel audits. (1) The panel may be audited by or at the direction of the legislative auditor in accordance with the powers and duties set forth in 5-13-304 and 5-13-309. Any audit that is conducted by the legislative auditor under 5-13-411 must include a determination of the adequacy, sufficiency, and reasonableness of the annual surcharge or assessment provided for in 27-6-206.   (2) A copy of each audit report of the panel must be furnished to the supreme court.   (3) The cost of any audit of the panel performed pursuant to this section must be paid by the panel.   History: En. Sec. 1, Ch. 96, L. 1987; amd. Sec. 1, Ch. 264, L. 2019.
MT Code § 27-6-301 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 3. Preliminary Procedure|27-6-301. How cases submitted

  27-6-301. How cases submitted. Claimants shall submit a case for the consideration of the panel prior to filing a complaint in any district court or other court sitting in Montana by addressing an application, in writing, signed by the claimant or the claimant's attorney, to the director of the panel.   History: En. 17-1304 by Sec. 4, Ch. 449, L. 1977; R.C.M. 1947, 17-1304(3); amd. Sec. 3, Ch. 332, L. 1985; amd. Sec. 610, Ch. 56, L. 2009.
MT Code § 27-6-302 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 3. Preliminary Procedure|27-6-302. Contents of application -- waiver of confidentiality of medical and dental records

  27-6-302. Contents of application -- waiver of confidentiality of medical and dental records. The application must contain the following:   (1) a statement in reasonable detail of the elements of the health care provider's conduct that are believed to constitute a malpractice claim, the dates on which the conduct occurred, and the names and addresses of all physicians, dentists, podiatrists, and hospitals having contact with the claimant and all witnesses;   (2) a statement authorizing the panel to obtain access to all medical, dental, podiatric, and hospital records and information pertaining to the claim and, for the purposes of its consideration of this matter only, waiving any privilege as to the contents of those records. The statement may not in any way be construed as waiving that privilege for any other purpose or in any other context, in or out of court.   History: En. 17-1307 by Sec. 7, Ch. 449, L. 1977; R.C.M. 1947, 17-1307(part); amd. Sec. 3, Ch. 195, L. 1987; amd. Sec. 3, Ch. 133, L. 1997.
MT Code § 27-6-303 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 3. Preliminary Procedure|27-6-303. Amendments to application

  27-6-303. Amendments to application. Amendments to the application may be authorized by rule.   History: En. 17-1307 by Sec. 7, Ch. 449, L. 1977; R.C.M. 1947, 17-1307(part); amd. Sec. 4, Ch. 332, L. 1985.
MT Code § 27-6-304 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 3. Preliminary Procedure|27-6-304. Copies of application to professional societies when vicarious liability claimed

  27-6-304. Copies of application to professional societies when vicarious liability claimed. In instances where applications are received employing a theory of respondeat superior or some other derivative theory of recovery, the director shall forward the application to the state professional societies, associations, or licensing boards of both the individual health care provider whose alleged malpractice caused the application to be filed and the health care provider named a respondent as employer, master, or principal.   History: En. 17-1308 by Sec. 8, Ch. 449, L. 1977; R.C.M. 1947, 17-1308(3).
MT Code § 27-6-305 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 3. Preliminary Procedure|27-6-305. Service on health care provider

  27-6-305. Service on health care provider. Upon receipt of an application for review, the director or the director's delegate shall cause to be served a true copy of the application on the health care providers involved. Service must be effected by mailing a certified copy of the application to the health care provider at the provider's last-known address, postage prepaid, by certified mail, return receipt requested.   History: En. 17-1308 by Sec. 8, Ch. 449, L. 1977; R.C.M. 1947, 17-1308(part); amd. Sec. 5, Ch. 376, L. 1983; amd. Sec. 611, Ch. 56, L. 2009.
MT Code § 27-6-306 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 3. Preliminary Procedure|27-6-306. Health care provider's appearance and answer -- waiver of confidentiality of records

  27-6-306. Health care provider's appearance and answer -- waiver of confidentiality of records. (1) If a health care provider involved chooses to retain legal counsel, the health care provider's attorney shall informally enter the health care provider's appearance with the director.   (2) The health care provider shall answer the application for review and shall submit a statement authorizing the panel to inspect all medical, dental, podiatric, and hospital records and information pertaining to the application and, for the purposes of inspection only, waiving any privilege as to the contents of those records. The statement does not waive that privilege for any other purpose.   History: En. 17-1308 by Sec. 8, Ch. 449, L. 1977; R.C.M. 1947, 17-1308(part); amd. Sec. 4, Ch. 195, L. 1987; amd. Sec. 4, Ch. 133, L. 1997.
MT Code § 27-6-307 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 3. Preliminary Procedure|27-6-307. Assistance to claimant in obtaining expert consultation

  27-6-307. Assistance to claimant in obtaining expert consultation. The panel director shall cooperate fully with the claimant in retaining, to consult with the claimant, upon payment of a reasonable fee by the claimant, in claims involving:   (1) a physician, a physician qualified in the field of medicine involved; or   (2) a dentist, a dentist qualified in the field of dentistry involved.   History: En. 17-1308 by Sec. 8, Ch. 449, L. 1977; R.C.M. 1947, 17-1308(4); amd. Sec. 5, Ch. 195, L. 1987.