Montana § 40-16-113 Powers And Duties Of Arbitrator

Montana Statutes

§ 40-16-113 — Powers And Duties Of Arbitrator

Montana § 40-16-113

Title 40FAMILY LAW

Ch. 16FAMILY LAW ARBITRATION

Part 1Uniform Family Law Arbitration Act

This text of Montana § 40-16-113 (Powers And Duties Of Arbitrator) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 40-16-113 (2026).

Text

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 addre

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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.