Evidentiary Rulings: Extra-record evidence

This Court reviews evidentiary rulings going directly towards the propriety of summary judgment de novo, in order to determine whether the evidentiary requirements for summary judgment have been satisfied.  Heffernan v. Missoula City Council, 2011 MT 91, ¶¶ 53, 55, (citation omitted) (holding in part that the district court's rationale for striking an affidavit on the ground that it contained extra-record evidence was misplaced but holding the error was harmless).