Kilgore v. Protran Transmission, Inc.

Defendant Boyer1 appeals from the trial court’s denial of his motion for relief from a default judgment. The court found defendant in default as a sanction for noncompliance with a discovery order and entered an order of default. Plaintiffs did not provide defendants with a notice of application for judgment, as prescribed by former ORCP 69B(2),2 after the default order was entered. The court nevertheless held a prima facie hearing and entered the judgment. Defendants moved to set it aside on the ground that plaintiffs had not complied with former ORCP 69B(2), as interpreted in Denkers v.…