81-15-106. Motion for judicial relief.
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Effective 5/7/2025
81-15-106. Motion for judicial relief.
(1)If a party brings a motion for judicial relief under this chapter, the party shall bring the motion in:
(a)the court in which a proceeding is pending involving the family law dispute subject to arbitration; or
(b)if no proceeding is pending, a court with jurisdiction over the parties and the subject matter.
(2)On a motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement that complies with Section 81-15-104 unless the court determines under Section 81-15-111 that the arbitration should not proceed.
(3)On a motion of a party, the court shall terminate arbitration if the court determines that:
(a)the agreement to arbitrate is unenforceable;
(b)the family law dispute is not subject to arbitration; or
(c)under Section 81-15-111 , the arbitration should not proceed.
(4)Unless prohibited by an arbitration agreement, on a 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.
Enacted by Chapter 315 , 2025 General Session