Volume 958 — North Western Reporter, Second Series

The notice requirements for claims against the State of North Dakota or a state employee under N.D.C.C. § 32-12.2-04(1) apply to counterclaims. Entry of default judgment as a sanction for discovery abuse may be imposed when there is a deliberate or bad-faith non-compliance that constitutes a flagrant abuse or disregard for the discovery rules.

A personal guaranty allowing the guarantee to proceed directly against the guarantor without first proceeding against the principal is absolute and unconditional. Under an absolute guaranty, the guarantor is liable to the guarantee immediately upon the default of the principal. A decision on an award of attorney's fees rests in the sound discretion of the district court. The Supreme Court and the district courts possess concurrent jurisdiction to award attorney's fees on appeal however a preference exists that the initial determination be made by the district court.