78B-11-125 - Modification or correction of award. - Utah Statutes

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Statutes > Utah > Title-78b > Chapter-11 > 78b-11-125

78B-11-125. Modification or correction of award.
(1) Upon motion made within 90 days after the movant receives notice of the awardpursuant to Section 78B-11-120 or within 90 days after the movant receives notice of a modifiedor corrected award pursuant to Section 78B-11-121, the court shall modify or correct the awardif:
(a) there was an evident mathematical miscalculation or an evident mistake in thedescription of a person, thing, or property referred to in the award;
(b) the arbitrator has made an award on a claim not submitted to the arbitrator and theaward may be corrected without affecting the merits of the decision upon the claims submitted;or
(c) the award is imperfect in a matter of form not affecting the merits of the decision onthe claims submitted.
(2) If a motion made under Subsection (1) is granted, the court shall modify or correctand confirm the award as modified or corrected. Otherwise, unless a motion to vacate ispending, the court shall confirm the award.
(3) A motion to modify or correct an award pursuant to this section may be joined with amotion to vacate the award.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-11 > 78b-11-125

78B-11-125. Modification or correction of award.
(1) Upon motion made within 90 days after the movant receives notice of the awardpursuant to Section 78B-11-120 or within 90 days after the movant receives notice of a modifiedor corrected award pursuant to Section 78B-11-121, the court shall modify or correct the awardif:
(a) there was an evident mathematical miscalculation or an evident mistake in thedescription of a person, thing, or property referred to in the award;
(b) the arbitrator has made an award on a claim not submitted to the arbitrator and theaward may be corrected without affecting the merits of the decision upon the claims submitted;or
(c) the award is imperfect in a matter of form not affecting the merits of the decision onthe claims submitted.
(2) If a motion made under Subsection (1) is granted, the court shall modify or correctand confirm the award as modified or corrected. Otherwise, unless a motion to vacate ispending, the court shall confirm the award.
(3) A motion to modify or correct an award pursuant to this section may be joined with amotion to vacate the award.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-11 > 78b-11-125

78B-11-125. Modification or correction of award.
(1) Upon motion made within 90 days after the movant receives notice of the awardpursuant to Section 78B-11-120 or within 90 days after the movant receives notice of a modifiedor corrected award pursuant to Section 78B-11-121, the court shall modify or correct the awardif:
(a) there was an evident mathematical miscalculation or an evident mistake in thedescription of a person, thing, or property referred to in the award;
(b) the arbitrator has made an award on a claim not submitted to the arbitrator and theaward may be corrected without affecting the merits of the decision upon the claims submitted;or
(c) the award is imperfect in a matter of form not affecting the merits of the decision onthe claims submitted.
(2) If a motion made under Subsection (1) is granted, the court shall modify or correctand confirm the award as modified or corrected. Otherwise, unless a motion to vacate ispending, the court shall confirm the award.
(3) A motion to modify or correct an award pursuant to this section may be joined with amotion to vacate the award.

Renumbered and Amended by Chapter 3, 2008 General Session