Section 44-7A-25 - Modification or correction of award. - New Mexico Statutes

44-7A-25. Modification or correction of award.

(a)     Upon motion made within ninety days after the movant receives notice of the award pursuant to Section 20 [44-7A-20 NMSA 1978] or within ninety days after the movant receives notice of a modified or corrected award pursuant to Section 21 [44-7A-21 NMSA 1978], the court shall modify or correct the award if:   

(1)     there was an evident mathematical miscalculation or an evident mistake in the description of a person, thing or property referred to in the award;   

(2)     the arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or   

(3)     the award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.   

(b)     If a motion made under Subsection (a) is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award. A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.