Conway v. Guernsey Cable TV
In Conway v. Guernsey Cable TV, 713 P.2d 786, 788-89 (Wyo. 1986), the Court rejected the appellants' contention that the affidavit of the appellees' expert witness should be stricken, stating:
"It is well established that a party must move to strike an affidavit which violates Rule 56(e); if he fails to do so, he will waive his objection, and, in the absence of a gross miscarriage of justice, the court may consider the defective affidavit. 10A Wright, Miller & Kane, Federal Practice and Procedure: Civil 2d 2738 (1983). The record in the present case is devoid of any objection or motion to strike the affidavit on the ground that it violated Rule 56(e)."