Nygaard v. Volker, et al.

Citations

• 2026 ND 50

Syllabus

A default judgment entered after the district court dismissed the answer and counterclaim as a discovery sanction is affirmed. When a party fails to properly raise an issue or argument before the district court, it may not do so for the first time on appeal. Rule 60(b), N.D.R.Civ.P., is the exclusive means for opening a default judgment. When a default judgment is appealed, rather than a district court's order regarding a N.D.R.Civ.P. 60(b) motion to vacate the default judgment, we review the default judgment to determine if irregularities appear on the face of the judgment.