Allery v. Whitebull

Citations

• 2022 ND 140

Syllabus

Greater liberty should be used when considering an N.D.R.Civ.P. 60(b) motion for relief from a judgment when the matter involves a default judgment rather than a judgment on the merits. A motion under N.D.R.Civ.P. 60(b) should not be used to relieve a party from free, calculated, and deliberate choices. A party is obligated to take legal steps to protect his or her interests. Courts should grant an N.D.R.Civ.P. 60(b) motion to set aside a default judgment when it is prompt and contains an answer disclosing a meritorious defense.