NM Court of Appeals: Party defaulted as a discovery sanction may still contest amount of damages

On Wednesday, the New Mexico Court of Appeals issued Couch v. Williams, written by Judge Bustamante. The case contains at least two points of interest:

1. Post-judgment motions filed under NMSA 1978, Section 39-1-1 are not governed by the standards that apply to Rule 1-060(B) motions.

2. Where a district court imposes a default judgment as a discovery sanction, the defaulted party may still contest the amount of damages.

I won’t offer any opinions about this case, since my firm was retained after the discovery sanctions were imposed, and I am counsel for appellants.

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