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.
