Bahm v. Southworth

¶1 Montana’s Thirteenth Judicial District Court, Yellowstone County, denied Tina and Dale Southworth’s (the Southworths) motion to set aside a default judgment which was entered pursuant to Rule 37(d), M.R.Civ.P., for the Southworths’ failure to comply with discovery requests. The Southworths now appeal. We affirm.

¶2 The Southworths state the issue as:

¶3 Did the District Court err when it denied the Southworths’ Rule 60(b)(6), M.R.Civ.P, motion to set aside default judgment?

Standard of Review

¶4 As a general rule, cases should be tried on the merits and judgments by default are not favored.…