Supreme Court of Arkansas

National Front Page, LLC, and Curtis E. Venn

October 10, 2002350 Ark. 286

Summary

The court affirmed a default judgment and related sanctions imposed under Rule 37(d) after NFP repeatedly failed to respond to discovery, failed to attend a compelled-discovery hearing, and stated it would not attend trial. It held that Rule 37(d) permits sanctions, including default judgment, without a prior order compelling discovery, and that the circuit court did not abuse its discretion under the circumstances. The court also held that NFP's Rule 55 arguments were both unpreserved and inapplicable to the Rule 37 sanctions.

Holding

  • Preservation and applicability of Rule 55 requirements. NFP's Rule 55 arguments were not preserved because they were not raised in the circuit court, and Rule 55 requirements do not apply to sanctions imposed under Rule 37.
  • Authority to impose Rule 37(d) sanctions without a prior order compelling discovery. Rule 37(d) authorizes sanctions, including default judgment, for failure to respond to interrogatories or other discovery requests without first issuing an order compelling discovery.
  • Whether the default judgment was an abuse of discretion. The circuit court did not abuse its discretion by entering default judgment because NFP failed to answer any discovery, obtained three postponements of the discovery hearing, failed to appear at the rescheduled hearing, and announced that it would not attend trial.

Docket 01-1079

Cited authorities

  • Ark. R. Civ. P. 37(d)
  • Ark. R. Civ. P. 37(a)(2)
  • Rule 37(d) of the Arkansas Rules of Civil Procedure
  • Ark. R. Civ. P. 37(b)(2)(C)
  • Rule 55 of the Arkansas Rules of Civil Procedure
  • Ark. R. Civ. P. 55
  • Rule 37(d)
  • Rule 37

Cited by

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