Public-domain · open source
OpenJurist

N.C. Gen. Stat. § 50-55

Modification or correction of award

Known as the North Carolina Family Law Arbitration Act

The act spans §§ 50–50 (25 sections).

Applied in 2 court decisions — leading case 161 N.C. App. 137 - Semon v. Semon (2003)

Most recently applied in 215 N.C. App. 235 - Barton v. Barton (September 2011)

1999-185, s. 1.

(a) Upon application made within 90 days after delivery of a copy of an award to an applicant, the court shall modify or correct the award where at least one of the following occurs:

(1) There is an evident miscalculation of figures or an evident mistake in the description of a person, thing, or property referred to in the award;

(2) The arbitrators have awarded upon a matter not submitted to them, and the award may be corrected without affecting the merits of the decision upon the issues submitted; or

(3) The award is imperfect in a matter of form, not affecting the merits of the controversy.

(b) If the application is granted, the court shall modify or correct the award to effect its intent and shall confirm the award as modified or corrected. Otherwise, the court shall confirm the award as made.

(c) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.

(d) The court may award costs, as provided in G.S. 50-51(f), of the application and subsequent proceedings.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.