Montana § 40-16-125 Immunity Of Arbitrator

Montana Statutes

§ 40-16-125 — Immunity Of Arbitrator

Montana § 40-16-125

Title 40FAMILY LAW

Ch. 16FAMILY LAW ARBITRATION

Part 1Uniform Family Law Arbitration Act

This text of Montana § 40-16-125 (Immunity 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. § 40-16-125 (2026).

Text

40-16-125 . Immunity of arbitrator.

(1)(a) An arbitrator or arbitration organization acting in that capacity in a family law dispute is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.

(b)The civil immunity provisions of this subsection (1) do not apply to a person employed by or an entity operated by the state or a political subdivision of the state.

(2)The immunity provided by this section supplements any immunity under law of this state.

(3)An arbitrator's failure to make a disclosure required by 40-16-109 does not cause the arbitrator to lose immunity under this section.

(4)An arbitrator is not competent to testify, and may not be required to produce records, in a judicial, administrative, or similar proceeding about

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40-16-125 . Immunity of arbitrator. (1) (a) An arbitrator or arbitration organization acting in that capacity in a family law dispute is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.
(b) The civil immunity provisions of this subsection (1) do not apply to a person employed by or an entity operated by the state or a political subdivision of the state.
(2) The immunity provided by this section supplements any immunity under law of this state.
(3) An arbitrator's failure to make a disclosure required by 40-16-109 does not cause the arbitrator to lose immunity under this section.
(4) An arbitrator is not competent to testify, and may not be required to produce records, in a judicial, administrative, or similar proceeding about a statement, conduct, decision, or ruling occurring during arbitration, to the same extent as a judge of a court of this state acting in judicial capacity. This subsection does not apply:
(a) to the extent disclosure is necessary to determine a claim by the arbitrator or arbitration organization against a party to the arbitration; or
(b) to a hearing on a motion under 40-16-119 (1)(a) or (1)(b) to vacate an award, if there is prima facie evidence that a ground for vacating the award exists.
(5) If a person commences a civil action against an arbitrator arising from the services of the arbitrator or seeks to compel the arbitrator to testify or produce records in violation of subsection (4) and the court determines that the arbitrator is immune from civil liability or is not competent to testify or required to produce the records, the court shall award the arbitrator reasonable attorney fees, costs, and reasonable expenses of litigation.