reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 40. Family Law › Chapter 9. Grandparent-Grandchild Contact › Part 2. Nonexclusive Remedy › 40-9-201. Purpose -- legislative intent

40-9-201. Purpose -- legislative intent.
The legislature finds and declares that a grandparent is not precluded from seeking relief in lieu of or in addition to relief available under this chapter, including relief under Title 40, chapter 4 or 6, Title 41, chapter 3, Title 42, or Title 72, chapter 5, if the grandparent otherwise meets the necessary prerequisites of these statutes.
History: En. Sec. 1, Ch. 199, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 9. Grandparent-Grandchild Contact › Part 2. Nonexclusive Remedy › 40-9-202. Nonexclusive remedy

40-9-202. Nonexclusive remedy.
In addition to or in lieu of seeking reasonable rights to contact with a child under this chapter, a grandparent retains the following rights:
(1) to seek a parental interest, visitation, or parenting plan under Title 40, chapter 4;
(2) to seek authority as a caretaker relative, including authority to consent to medical care, for a child under Title 40, chapter 6;
(3) to seek custody of a child as an extended family member under Title 41, chapter 3;
(4) to seek adoption of a child under Title 42; and
(5) to seek guardianship of a child under Title 72, chapter 5.
History: En. Sec. 2, Ch. 199, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 1. General Provisions › 40-15-101. Purpose

40-15-101. Purpose.
The purpose of this chapter is to promote the safety and protection of all victims of partner and family member assault, victims of sexual assault, and victims of stalking.
History: En. Sec. 21, Ch. 350, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 1. General Provisions › 40-15-115. Policy -- program

40-15-115. Policy -- program.
(1) It is the policy of this state to ensure the safety and security of a victim of partner or family member assault, sexual assault, or stalking or a person eligible to petition for an order of protection under 40-15-102 by providing the victim or eligible person with certain, limited services.
(2) The assistance and services provided by the state to implement the policy stated in subsection (1) are limited to a program administered by the department that provides to a participant:
(a) a substitute address that can be used by the participant for official purposes; and
(b) a service that allows the department to:
(i) receive service of process and mail addressed to the participant; and
(ii) forward to the participant any process served on the participant and all mail received on the participant's behalf.
History: En. Sec. 1, Ch. 83, L. 2005.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 1. General Provisions › 40-15-116. Definitions

40-15-116. Definitions.
As used in 40-15-115 through 40-15-121, the following definitions apply:
(1) "Applicant" means a victim and includes a parent or guardian of a minor or a person described in 40-15-102(4) who acts on behalf of the victim.
(2) "Department" means the department of justice.
(3) "Participant" means an applicant who has submitted an application pursuant to 40-15-117 that has been approved by the department.
(4) "Partner or family member assault" has the meaning provided in 45-5-206.
(5) "Sexual assault" means sexual assault as defined in 45-5-502, sexual intercourse without consent as defined in 45-5-503, incest as defined in 45-5-507, or sexual abuse of children as defined in 45-5-625.
(6) "Stalking" has the meaning provided in 45-5-220.
(7) "Victim" means an individual who has been a victim of partner or family member assault, sexual assault, or stalking or who is otherwise eligible to file a petition for an order of protection under 40-15-102.
History: En. Sec. 2, Ch. 83, L. 2005; amd. Sec. 2, Ch. 255, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 1. General Provisions › 40-15-117. Substitute address for participant -- application -- duties of department -- penalty

40-15-117. Substitute address for participant -- application -- duties of department -- penalty.
(1) A victim who is a resident of this state may apply to the department to have a substitute address designated by the department to serve as the official address of the applicant.
(2) An application for the issuance of a substitute address must include:
(a) proof that the victim is a resident of this state and specific evidence showing that, before the applicant files the application, the applicant has been a victim;
(b) the address that is requested to be kept confidential;
(c) a telephone number at which the department may contact the applicant;
(d) a question asking whether the applicant wishes to register to vote or, if registered, to change the applicant's address for voter registration;
(e) a designation of the department as agent for the applicant for the purposes of service of process and receipt of mail;
(f) the signature of the applicant;
(g) the date on which the applicant signed the application; and
(h) any other information required by the department.
(3) The department shall approve or disapprove an application within 5 business days after the application is filed.
(4) (a) The department:
(i) shall approve an application that is accompanied by specific evidence that the applicant has been a victim within 4 years prior to filing the application; and
(ii) may approve an application if the applicant does not provide specific evidence or the crime against the applicant was committed more than 4 years prior to the applicant filing the application.
(b) Specific evidence that would meet the requirements of this subsection (4) includes but is not limited to a copy of an applicable record of conviction, a temporary restraining order, a protective order granted by a court of competent jurisdiction, or a sworn statement of the victim.
(5) If a participant indicates in response to the question asked in subsection (2)(d) that the participant wishes to register to vote or to change the participant's address used for voter registration:
(a) the department shall furnish the participant with a form developed by the department to register the participant or change the participant's address for voter registration; and
(b) the participant shall complete and sign the form and return it to the department.
(6) A person who knowingly attests falsely or provides incorrect information in the application is guilty of false swearing under 45-7-202.
History: En. Sec. 3, Ch. 83, L. 2005.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 1. General Provisions › 40-15-118. Designation of substitute address -- forwarding of mail -- disclosure of confidential address

40-15-118. Designation of substitute address -- forwarding of mail -- disclosure of confidential address.
(1) Upon approving an application, the department shall:
(a) designate a substitute address for the participant;
(b) receive mail addressed to the participant;
(c) forward mail that the department receives on behalf of the participant to the participant.
(2) The department may not divulge in any manner the name of a participant or the confidential address or substitute address of a participant unless:
(a) the participant's name, confidential address, or substitute address is requested by a law enforcement agency, in which case the department shall provide the name, confidential address, or substitute address to the law enforcement agency; or
(b) a court of competent jurisdiction orders the department to make the name, confidential address, or substitute address available, in which case the department shall provide the name, confidential address, or substitute address to the person identified in the order.
History: En. Sec. 4, Ch. 83, L. 2005.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 1. General Provisions › 40-15-119. Cancellation of substitute address -- cessation of duty

40-15-119. Cancellation of substitute address -- cessation of duty.
(1) Except as provided in subsections (2) and (3), the department shall cancel the substitute address of a participant 4 years after the date on which the department approved the participant's application.
(2) The department may not cancel the substitute address of a participant if, before the substitute address of the participant is canceled, the participant shows to the satisfaction of the department that the participant remains in imminent danger of becoming a victim.
(3) The department may cancel the substitute address of a participant at any time if:
(a) the participant changes the participant's confidential address from the confidential address listed in the application and fails to notify the department within 48 hours after the change of confidential address; or
(b) the department determines that the participant knowingly provided false or incorrect information in the application.
(4) When the department cancels the substitute address of a participant, the duty of the department to provide the services described in 40-15-115(2) to the participant ceases.
History: En. Sec. 5, Ch. 83, L. 2005.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 1. General Provisions › 40-15-120. Rules

40-15-120. Rules.
The department shall adopt rules to carry out the provisions of 40-15-115 through 40-15-121, including rules establishing:
(1) a form on which a victim may apply to participate in the program described in 40-15-115(2);
(2) a form on which an applicant may declare whether the applicant wishes to register to vote or, if registered, to change the applicant's address for voter registration. The form may be a separate form or may be included as an integral part of the application provided for in subsection (1).
(3) procedures necessary to implement the program.
History: En. Sec. 6, Ch. 83, L. 2005.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 1. General Provisions › 40-15-121. Implementation by state and local government agencies

40-15-121. Implementation by state and local government agencies.
The department shall issue the participant a substitute address card containing the participant's name, substitute address, and other information that the department determines appropriate. Any state or local government agency that needs or requires the participant's address shall accept and use the address on the card. The agency may make and file a photocopy of the card.
History: En. Sec. 7, Ch. 83, L. 2005.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 2. Order of Protection › 40-15-202. Order of protection -- hearing -- evidence

40-15-202. Order of protection -- hearing -- evidence.
(1) A hearing must be conducted within 20 days from the date that the court issues a temporary order of protection. The hearing date may be continued at the request of either party for good cause or by the court. If the hearing date is continued, the temporary order of protection must remain in effect until the court conducts a hearing. At the hearing, the court shall determine whether good cause exists for the temporary order of protection to be continued, amended, or made permanent.
(2) The respondent may request an emergency hearing before the end of the 20-day period by filing an affidavit that demonstrates that the respondent has an urgent need for the emergency hearing. An emergency hearing must be set within 3 working days of the filing of the affidavit.
(3) The order of protection may not be made mutually effective by the court. The respondent may obtain an order of protection from the petitioner only by filing an application for an order of protection and following the procedure described in this chapter.
(4) (a) Except as provided in subsection (4)(b), evidence concerning a victim's sexual conduct is not admissible in a hearing under this section.
(b) Evidence of a victim's past sexual conduct with the offender or evidence of specific instances of the victim's sexual activity to show the origin of semen, pregnancy, or disease may be admitted in a hearing under this section only if that sexual conduct is at issue in the hearing.
(5) If a respondent proposes to offer evidence subject to subsection (4)(b), the trial judge shall order a separate hearing to determine whether the proposed evidence is admissible under subsection (4)(b).
History: En. Sec. 24, Ch. 350, L. 1995; amd. Sec. 3, Ch. 484, L. 1997; amd. Sec. 1, Ch. 311, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 2. Order of Protection › 40-15-203. Attorney general to provide forms

40-15-203. Attorney general to provide forms.
The attorney general shall prepare uniform sample instructions, petition forms, and order forms for temporary orders of protection and for orders of protection. The attorney general shall distribute samples of the instructions, petitions, and forms to the clerk of the district court in each county and to justices', municipal, and city courts. The clerk of the district court, justices of the peace, and municipal and city court judges shall make forms available to the public at no charge.
History: En. Sec. 25, Ch. 350, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 2. Order of Protection › 40-15-204. Written orders of protection

40-15-204. Written orders of protection.
(1) The court may, on the basis of the respondent's history of violence, the severity of the offense at issue, and the evidence presented at the hearing, determine that to avoid further injury or harm, the petitioner needs permanent protection. The court may order that the order of protection remain in effect permanently.
(2) In a dissolution proceeding, the district court may, upon request, issue either an order of protection for an appropriate period of time or a permanent order of protection.
(3) An order of protection may include all of the relief listed in 40-15-201, when appropriate.
(4) An order of protection may include restraining the respondent from any other named family member who is a minor. If this restriction is included, the respondent must be restrained from having contact with the minor for an appropriate time period as directed by the court or permanently if the court finds that the minor was a victim of abuse, a witness to abuse, or endangered by the environment of abuse.
(5) An order of protection issued under this section may continue for an appropriate time period as directed by the court or be made permanent under subsection (1), (2), or (4). The order may be terminated upon the petitioner's request that the order be dismissed.
(6) An order of protection must include a section that indicates whether there are any other civil or criminal actions pending involving the parties, a brief description of the action, and the court in which the action is filed.
(7) An amendment to a temporary order of protection or to an order of protection is effective only after it has been served in writing on the opposing party.
(8) There is no cost to file a petition for an order of protection or for service of an order of protection whether served inside or outside the jurisdiction of the court issuing the order.
(9) Any temporary order of protection or order of protection must conspicuously bear the following:
"Violation of this order is a criminal offense under 45-5-220 or 45-5-626 and may carry penalties of up to $10,000 in fines and up to a 5-year jail sentence.
This order is issued by the court, and the respondent is forbidden to do any act listed in the order, even if invited by the petitioner or another person. This order may be amended only by further order of this court or another court that assumes jurisdiction over this matter."
History: En. Sec. 26, Ch. 350, L. 1995; amd. Sec. 1, Ch. 186, L. 1997; amd. Sec. 1, Ch. 153, L. 2001.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 3. Jurisdiction, Venue, and Appeal -- Registration of Orders › 40-15-302. Appeal to district court -- order to remain in effect

40-15-302. Appeal to district court -- order to remain in effect.
(1) An order issued by a justice's court, municipal court, or city court pursuant to 40-15-201 is immediately reviewable by the district judge upon the filing of a notice of appeal. The district judge may affirm, dissolve, or modify an order of a justice's court, municipal court, or city court made pursuant to 40-15-201 or 40-15-204.
(2) A case in which an order has been issued by a justice's court, municipal court, or city court pursuant to 40-15-201 or 40-15-204 may be removed to district court upon filing of a notice of removal.
(3) If a temporary order of protection or an order of protection issued by a court of limited jurisdiction is appealed or removed to an appellate court, the order continues in full force and effect unless modified by the appellate court.
History: En. Sec. 28, Ch. 350, L. 1995; amd. Sec. 4, Ch. 484, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 3. Jurisdiction, Venue, and Appeal -- Registration of Orders › 40-15-303. Registration of orders

40-15-303. Registration of orders.
(1) The clerk of court, justice of the peace, municipal court judge, or city court judge shall, within 24 hours of receiving proof of service of an order under 40-15-201, 40-15-204, or 40-15-301, mail a copy of the order or any extension, modification, or termination of the order, along with a copy of the proof of service, to the appropriate law enforcement agencies designated in the order, which shall, within 24 hours after receipt of the order, enter the order into the database of the national crime information center of the United States department of justice and may enter the order into any existing state or other federal registry of protection orders, in accordance with applicable law.
(2) Law enforcement agencies shall establish procedures, using an existing system for warrant verification and the database of the national crime information center of the United States department of justice, to ensure that peace officers at the scene of an alleged violation of an order of protection are informed of the existence and terms of the order.
History: En. Sec. 29, Ch. 350, L. 1995; amd. Sec. 10, Ch. 223, L. 2001.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 4. Uniform Interstate Enforcement of Domestic Violence Protection Orders › 40-15-401. Short title

40-15-401. Short title.
This part may be cited as the "Uniform Interstate Enforcement of Domestic Violence Protection Orders Act".
History: En. Sec. 1, Ch. 223, L. 2001.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 4. Uniform Interstate Enforcement of Domestic Violence Protection Orders › 40-15-402. Definitions

40-15-402. Definitions.
As used in this part, the following definitions apply:
(1) "Foreign protection order" means a protection order issued by a court of another state.
(2) "Issuing state" means the state whose court issues a protection order.
(3) "Mutual foreign protection order" means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.
(4) "Protected individual" means an individual protected by a protection order.
(5) "Protection order" means an injunction or other order issued by a court under the domestic violence, family violence, sexual assault, or stalking laws of the issuing state to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to another individual.
(6) "Respondent" means the individual against whom enforcement of a protection order is sought.
(7) "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. The term includes an Indian tribe or band that has jurisdiction to issue protection orders.
History: En. Sec. 2, Ch. 223, L. 2001; amd. Sec. 1, Ch. 259, L. 2003.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 4. Uniform Interstate Enforcement of Domestic Violence Protection Orders › 40-15-403. Judicial enforcement of order

40-15-403. Judicial enforcement of order.
(1) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a court of this state. The court shall enforce the terms of the order, including terms that provide relief that a court of this state would lack power to provide but for this section. The court shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the court shall follow the procedures of this state for the enforcement of protection orders.
(2) A court of this state may not enforce a foreign protection order issued by a court of a state that does not recognize the standing of a protected individual to seek enforcement of the order.
(3) A court of this state shall enforce the provisions of a valid foreign protection order that govern custody and visitation if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.
(4) A court of this state may not enforce under this part a provision of a foreign protection order with respect to support.
(5) A foreign protection order is valid if it:
(a) identifies the protected individual and the respondent;
(b) is currently in effect;
(c) was issued by a court that had jurisdiction over the parties and subject matter under the law of the issuing state; and
(d) was issued after the respondent was given reasonable notice and had an opportunity to be heard before the court issued the order or, in the case of an order ex parte, the respondent was given notice and had an opportunity to be heard before the order was issued or had an opportunity to be heard within a reasonable time after the order was issued, consistent with the rights of the respondent to due process.
(6) A foreign protection order valid on its face is prima facie evidence of its validity.
(7) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.
(8) A court of this state may enforce provisions of a mutual foreign protection order that favor a respondent only if:
(a) the respondent filed a written pleading seeking a protection order from the court of the issuing state; and
(b) the court of the issuing state made specific findings in favor of the respondent.
History: En. Sec. 3, Ch. 223, L. 2001; amd. Sec. 2, Ch. 259, L. 2003.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 4. Uniform Interstate Enforcement of Domestic Violence Protection Orders › 40-15-404. Nonjudicial enforcement of order

40-15-404. Nonjudicial enforcement of order.
(1) A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a court of this state. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.
(2) If a foreign protection order is not presented, a law enforcement officer of this state may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
(3) If a law enforcement officer of this state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
(4) Registration or filing of an order in this state is not required for the enforcement of a valid foreign protection order pursuant to this part.
History: En. Sec. 4, Ch. 223, L. 2001.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 4. Uniform Interstate Enforcement of Domestic Violence Protection Orders › 40-15-405. Registration of order

40-15-405. Registration of order.
(1) Any individual may register a foreign protection order in this state. To register a foreign protection order, an individual shall:
(a) present a certified copy of the order to the department of justice; or
(b) present a certified copy of the order to a clerk of any court or to any local law enforcement agency and request that the order be registered with the department of justice.
(2) Upon receipt of a foreign protection order, the department of justice shall register the order in accordance with this section. After the order is registered, the department of justice shall furnish to the individual registering the order a certified copy of the registered order.
(3) The department of justice shall register an order upon presentation of a copy of a protection order that has been certified by the issuing state. A registered foreign protection order that is inaccurate or is not currently in effect must be corrected or removed from the registry in accordance with the law of this state.
(4) An individual registering a foreign protection order shall file an affidavit by the protected individual stating that, to the best of the protected individual's knowledge, the order is currently in effect.
(5) A foreign protection order registered under this part must be entered into the database of the national crime information center of the United States department of justice and may be entered in any existing state or other federal registry of protection orders, in accordance with applicable law.
(6) A fee may not be charged for the registration of a foreign protection order.
History: En. Sec. 5, Ch. 223, L. 2001.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 4. Uniform Interstate Enforcement of Domestic Violence Protection Orders › 40-15-406. Immunity

40-15-406. Immunity.
This state or a local governmental agency or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity is immune from civil liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this part.
History: En. Sec. 6, Ch. 223, L. 2001.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 4. Uniform Interstate Enforcement of Domestic Violence Protection Orders › 40-15-407. Other remedies

40-15-407. Other remedies.
A protected individual who pursues remedies under this part is not precluded from pursuing other legal or equitable remedies against the respondent.
History: En. Sec. 7, Ch. 223, L. 2001.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 15. Partner and Family Member Assault, Sexual Assault, and Stalking -- Victim Protection › Part 4. Uniform Interstate Enforcement of Domestic Violence Protection Orders › 40-15-408. Uniformity of application and construction

40-15-408. Uniformity of application and construction.
In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History: En. Sec. 8, Ch. 223, L. 2001.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-102. Definitions

40-16-102. Definitions.
As used in this part, the following definitions apply:
(1) "Arbitration agreement" means an agreement that subjects a family law dispute to arbitration.
(2) "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration or is involved in the selection of an arbitrator.
(3) "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.
(4) "Child-related dispute" means a family law dispute regarding the parenting or financial support of a child.
(5) "Court" means the district court.
(6) "Family law dispute" means a contested issue arising under Title 40.
(7) "Party" means an individual who signs an arbitration agreement and whose rights will be determined by an award.
(8) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal entity.
(9) "Record", used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(10) "Sign" means, with present intent to authenticate or adopt a record:
(a) to execute or adopt a tangible symbol; or
(b) to attach to or logically associate with the record an electronic symbol, sound, or process.
(11) "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. The term includes a federally recognized Indian tribe.
History: En. Sec. 2, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-103. Scope

40-16-103. Scope.
(1) This part governs arbitration of a family law dispute.
(2) This part does not authorize an arbitrator to make an award that:
(a) grants a legal separation, dissolution of marriage, or invalidity of marriage;
(b) terminates parental rights;
(c) grants an adoption or a guardianship of a child or incapacitated individual; or
(d) issues an order of protection pursuant to Title 40, chapter 15.
History: En. Sec. 3, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-104. Applicable law

40-16-104. Applicable law.
(1) Except as otherwise provided in this part, the law applicable to arbitration is Title 27, chapter 5.
(2) In determining the merits of a family law dispute, an arbitrator shall apply the law of this state, including its choice of law rules.
History: En. Sec. 4, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-105. Arbitration agreement

40-16-105. Arbitration agreement.
(1) An arbitration agreement must:
(a) be in a record signed by the parties;
(b) identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator;
(c) identify the family law dispute the parties intend to arbitrate; and
(d) specify how notice to arbitrate is to be given.
(2) Except as otherwise provided in subsection (3), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.
(3) An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless:
(a) the parties affirm the agreement in a record after the dispute arises; or
(b) the agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding.
(4) If a party objects to arbitration on the ground the arbitration agreement is unenforceable or the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute.
History: En. Sec. 5, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-106. Notice of arbitration

40-16-106. Notice of arbitration.
(1) If the parties have entered into an arbitration agreement, a party may initiate arbitration by giving notice to arbitrate to the other party in the manner specified in the arbitration agreement.
(2) If the parties have not entered into an arbitration agreement, a party may send a written request to the other party requesting that the parties agree to arbitrate and enter into an arbitration agreement that complies with 40-16-105.
History: En. Sec. 6, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 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.
(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.
History: En. Sec. 7, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-108. Qualification and selection of arbitrator

40-16-108. Qualification and selection of arbitrator.
(1) Except as otherwise provided in subsection (2), unless waived in a record by the parties, an arbitrator must be:
(a) an attorney in good standing admitted to practice in the state or a retired Montana district court judge; and
(b) trained in identifying domestic violence.
(2) The identification in the arbitration agreement of an arbitrator or arbitration organization or the method for selecting an arbitrator that is specified in the arbitration agreement controls how an arbitrator is selected.
(3) If an arbitrator is unable or unwilling to act, or if the agreed-on method of selecting an arbitrator fails, on motion of a party, the court shall select an arbitrator.
History: En. Sec. 8, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-109. Disclosure by arbitrator -- disqualification

40-16-109. Disclosure by arbitrator -- disqualification.
(1) Before agreeing to serve as an arbitrator, an individual, after making reasonable inquiry, shall disclose to all parties any known fact a reasonable person would believe is likely to affect:
(a) the impartiality of the arbitrator in the arbitration, including bias, a financial or personal interest in the outcome of the arbitration, or an existing or past relationship with a party, attorney representing a party, or witness; or
(b) the arbitrator's ability to make a timely award.
(2) An arbitrator, the parties, and the attorneys representing the parties have a continuing obligation to disclose to all parties any known fact a reasonable person would believe is likely to affect the impartiality of the arbitrator or the arbitrator's ability to make a timely award.
(3) An objection to the selection or continued service of an arbitrator and a motion for a stay of arbitration and disqualification of the arbitrator must be made pursuant to the arbitration agreement or on motion of a party to the court.
(4) If a disclosure required by subsection (1)(a) or (2) is not made, the court may:
(a) on motion of a party not later than 30 days after the failure to disclose is known or by the exercise of reasonable care should have been known to the party, suspend the arbitration;
(b) on timely motion of a party, vacate an award under 40-16-119(1)(b); or
(c) if an award has been confirmed, grant other appropriate relief.
(5) If the parties agree to discharge an arbitrator or the arbitrator is disqualified, the parties by agreement may select a new arbitrator or request the court to select another arbitrator as provided in 40-16-108.
History: En. Sec. 9, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-110. Party participation

40-16-110. Party participation.
(1) A party may:
(a) be represented in an arbitration by an attorney;
(b) be accompanied by an individual who will not be called as a witness or act as an advocate; and
(c) participate in the arbitration to the full extent permitted under the law and procedural rules of this state.
(2) A party or representative of a party may not communicate ex parte with the arbitrator except to the extent allowed in a family law proceeding for communication with a judge.
History: En. Sec. 10, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-111. Temporary order or award

40-16-111. Temporary order or award.
(1) Before an arbitrator is selected and able to act, on motion of a party, the court may enter a temporary order under 40-4-121.
(2) After an arbitrator is selected:
(a) the arbitrator may make a temporary award under 40-4-121; and
(b) if the matter is urgent and the arbitrator is not able to act in a timely manner or provide an adequate remedy, on motion of a party, the court may enter a temporary order.
(3) On motion of a party, before the court confirms a final award, the court under 40-16-116, 40-16-118, or 40-16-119 may confirm, correct, vacate, or amend a temporary award made under subsection (2)(a).
(4) On motion of a party, the court may enforce a subpoena or interim award issued by an arbitrator for the fair and expeditious disposition of the arbitration.
History: En. Sec. 11, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-112. Protection of party or child

40-16-112. Protection of party or child.
(1) As used in this section, "protection order" means an injunction or other order, issued under the domestic violence, family violence, or stalking laws of the issuing jurisdiction, to prevent an individual from engaging in a violent or threatening act against, harassment of, contact or communication with, or being in physical proximity to another individual who is a party or a child under the custodial responsibility of a party.
(2) If a party is subject to a protection order or an arbitrator determines there is a reasonable basis to believe a party's safety or ability to participate effectively in arbitration is at risk, the arbitrator shall stay the arbitration and refer the parties to court. The arbitration may not proceed unless the party at risk affirms the arbitration agreement in a record and the court determines:
(a) the affirmation is informed and voluntary;
(b) arbitration is not inconsistent with the protection order; and
(c) reasonable procedures are in place to protect the party from risk of harm, harassment, or intimidation.
(3) If an arbitrator determines that there is a reasonable basis to believe a child who is the subject of a child-related dispute is abused or neglected, the arbitrator shall terminate the arbitration of the child-related dispute and report the abuse or neglect to the department of public health and human services.
(4) An arbitrator may make a temporary award to protect a party or child from harm, harassment, or intimidation.
(5) On motion of a party, the court may stay arbitration to review a determination or temporary award under this section.
(6) This section supplements remedies available under law of this state for the protection of victims of domestic violence, family violence, stalking, harassment, or similar abuse.
History: En. Sec. 12, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-113. Powers and duties of arbitrator

40-16-113. Powers and duties of arbitrator.
(1) An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the dispute.
(2) An arbitrator shall provide each party a right to be heard, to present evidence material to the family law dispute, and to cross-examine witnesses.
(3) Unless the parties otherwise agree in a record, an arbitrator's powers include the power to:
(a) select the rules for conducting the arbitration;
(b) hold conferences with the parties before a hearing;
(c) determine the date, time, and place of a hearing;
(d) require a party to provide:
(i) a copy of a relevant court order;
(ii) information required to be disclosed in a family law proceeding under Title 40; and
(iii) a proposed award that addresses each issue in arbitration;
(e) meet with or interview a child who is the subject of a child-related dispute;
(f) appoint a private expert at the expense of the parties;
(g) administer an oath or affirmation and issue a subpoena for the attendance of a witness or the production of documents and other evidence at a hearing;
(h) compel discovery concerning the family law dispute and determine the date, time, and place of discovery;
(i) determine the admissibility and weight of evidence;
(j) permit deposition of a witness for use as evidence at a hearing;
(k) for good cause, prohibit a party from disclosing information;
(l) appoint an attorney, guardian ad litem, or other representative for a child at the expense of the parties;
(m) impose a procedure to protect a party or child from risk of harm, harassment, or intimidation;
(n) allocate arbitration fees, attorney's fees, expert witness fees, and other costs for the parties; and
(o) impose a sanction on a party for bad faith or misconduct during the arbitration according to standards governing imposition of a sanction for litigant misconduct in a family law proceeding.
(4) An arbitrator may not allow ex parte communication except to the extent allowed in a family law proceeding for communication with a judge.
History: En. Sec. 13, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-114. Recording of hearing

40-16-114. Recording of hearing.
(1) Except as otherwise provided in subsection (2) or required by law of this state other than this part, an arbitration hearing need not be recorded unless required by the arbitrator, provided by the arbitration agreement, or requested by a party.
(2) An arbitrator shall request a verbatim recording be made of any part of an arbitration hearing concerning a child-related dispute.
History: En. Sec. 14, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-115. Award

40-16-115. Award.
(1) An arbitrator shall make an award in a record, dated and signed by the arbitrator. The arbitrator shall give notice of the award to each party by a method agreed on by the parties or, if the parties have not agreed on a method, in the manner provided in Title 27, chapter 5.
(2) Except as otherwise provided in subsection (3), the award under this part must state the reasons on which it is based unless otherwise agreed by the parties.
(3) An award determining a child-related dispute must state the reasons on which it is based as required by the law of this state governing a court order in a child-related dispute.
(4) An award under this part is not enforceable as a judgment until confirmed under 40-16-116.
History: En. Sec. 15, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 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.
(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.
History: En. Sec. 16, Ch. 32, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 16. Family Law Arbitration › Part 1. Uniform Family Law Arbitration Act › 40-16-117. Correction by arbitrator of unconfirmed award

40-16-117. Correction by arbitrator of unconfirmed award.
On motion of a party made not later than 30 days after an arbitrator gives notice under 40-16-115(1) of an award, the arbitrator may correct the award:
(1) if the award has an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property;
(2) if the award is imperfect in a manner of form not affecting the merits of the issues submitted; or
(3) to clarify the award.
History: En. Sec. 17, Ch. 32, L. 2021.