December 10, 2013
MINES MANAGEMENT, INC., NEWHI, INC. and MONTANORE MINERALS CORP., Plaintiffs and Appellants,
TRACIE PUS, LUCILLE PENNEY, DESIREE HANN, WALTER LINDSEY, MERLIN ROGERS, ROCKY BAKIE, LOUISE VOVES, FRANK WALL, ARNOLD BAKIE and LIBBY CREEK VENTURES, L.L.C., Defendants and Appellees.
Appellants Mines Management Inc., Newhi, Inc., and Montanore Minerals Corp. (collectively MMC) have moved to amend the record in this appeal. MMC requests first correction of a misstatement of the record now before the Court. MMC advised the Court of a correction in a record citation in MMC's opening brief. MMC notes secondarily that its opening brief cited to, and contained in appendices, excerpts from depositions of Arnold Bakie, Frank Wall, and Louise Voves that are not "reflected in the record presently before the Court." MMC reports that the District Court denied MMC's motion to supplement the record to include these excerpts. MMC does not request any specific correction or modification regarding the omission of these deposition excerpts under M. R. App. P. 8(6).
We recognize MMC's correction to a record citation in its opening brief. MMC has failed, however, to request specific correction or modification under M. R. App. P. 8(6), regarding the District Court's denial of MMC's motion to supplement the record. It is a well-established rule that we confine our review to consideration of evidence presented in the District Court record. Havre Daily News, LLC v. City of Havre, 2006 MT 215, ¶ 25, 333 Mont. 331, 142 P.3d 864. We will limit, therefore, our review of the parties' briefing and District Court record to those depositions excerpts present in the District Court record transmitted to this Court. We will disregard reference to those deposition excerpts extraneous to the record.
IT IS ORDERED that the motion to amend the record to correct MMC's opening brief, is GRANTED.
IT IS FURTHER ORDERED that the motion to amend the record to include additional excerpts of depositions not formally filed is DENIED.
The Clerk is directed to provide a copy of this Order to counsel of record.