Discover Bank v. Romanick

Citations

• 2023 ND 172

Syllabus

We exercise our supervisory jurisdiction rarely and cautiously to rectify errors and prevent injustice in extraordinary cases in which no adequate alternative remedy exists. A party who files a complaint must serve notice of filing on the other parties, except upon defaulting parties. When a defendant has not appeared, he is not entitled to be notified of the motion for default judgment. When the plaintiff declares the defendant did not answer or otherwise appear and its claim is for a sum certain—as evidenced through declaration and written instrument—the court abuses its discretion by failing to direct entry of default judgment.