where opponents not provided with statis-

tical data. — The trial court’s refusal, under subdivision (b)(2)(B), to admit film of a simu- lated accident with a product was not an abuse of discretion where the plaintiffs would have been surprised and prejudiced by the admission of the film because, on account of the defen- dant’s violation of a discovery order, they had not been provided with statistical data of the conditions under which the simulation was conducted. Caterpillar Tractor Co. v. Donahue, 674 P.2d 1276, 1983 Wyo. LEXIS 397 (Wyo. 1983). Sufficient notice of default. — A motion for the sanction of judgment by default dated March 9, and the court’s order of March 20, stating that unless certain documents were produced by noon on March 28, judgment would be given to the movant, constituted suf- ficient notice of default under Rule 55(b)(2). Farrell v. Hursh Agency, 713 P.2d 1174, 1986 Wyo. LEXIS 483 (Wyo. 1986). Insufficient notice of default. — An order granting a default judgment as to liability but leaving the determination of damages for a later hearing is not a final, appealable order until damages have been determined. Addition- ally, the notice requirements of Rule 55(b)(2), W.R.C.P., in the context of the entry of default judgment were not satisfied as the court’s order compelling discovery did not mention sanc- tions. Ruwart v. Wagner, 880 P.2d 586, 1994 Wyo. LEXIS 96 (Wyo. 1994). Sanction was proper. — Trial court did not err in granting a wife’s motion for the entry of default judgment as a discovery sanction in a dispute between the parties concerning an amount of money the husband owed the wife pursuant to the provisions of their divorce settlement agreement; the husband’s objection that the documents were not in his possession, custody, or control was unsupported by the facts. Wunsch v. Pickering, 2011 WY 59, 249 P.3d 717, 2011 Wyo. LEXIS 62 (Wyo. 2011). Under subdivision (b)(2)(C), trial court need not hold hearing before entry of de- fault. — Farrell v. Hursh Agency, 713 P.2d 1174, 1986 Wyo. LEXIS 483 (Wyo. 1986). But hearing required before divorce de- cree. — Although the district court properly entered a default against a husband for failure to comply with court-mandated discovery in a divorce proceeding, the court abused its discre- tion in entering a divorce decree, as a default judgment encompassing a property division and alimony award, absent an evidentiary hearing. Spitzer v. Spitzer, 777 P.2d 587, 1989 Wyo. LEXIS 165 (Wyo. 1989). Expenses in proving improperly dis- puted matter. — This rule expressly refers to and allows expenses involved in proving an improperly disputed matter. Roberts Constr. Co. v. Vondriska, 547 P.2d 1171, 1976 Wyo. LEXIS 176 (Wyo. 1976). Assessment of costs under subdivision (c) is a flexible matter and any decision on such an assessment lies wholly within the dis- cretion of the trial court, being reviewable only for abuse. Alexander v. Kadolph, 562 P.2d 313, 1977 Wyo. LEXIS 244 (Wyo. 1977). Law reviews. — See article, “The 1994 Amendments to the Wyoming Rules of Civil Procedure,” XXX Land & Water L. Rev. 151 (1995). For article, “Administrative Law: Rulemak- ing and Contested Case Practice in Wyoming,” see XXXI Land & Water L. Rev. 685 (1996). VI. TRIALS