Attorneys for Alec Baldwin state in new court papers that they object to having the actor deposed on Sept. 19 in a civil case filed by a “Rust” film lighting technician because it violates a previous agreement to have a single deposition that would also serve a request by lawyers in another case pending in New Mexico.
Plaintiff Serge Svetnoy alleges in his Los Angeles Superior Court complaint that he suffered emotional distress stemming from the accidental fatal shooting of cinematographer Halyna Hutchins from a bullet fired by Baldwin with a prop gun in New Mexico in 2021.
On Wednesday, Svetnoy’s attorneys filed court papers with Los Angeles Superior Court Judge Maurice A. Leiter stating that they are awaiting finalization of an agreement with lawyers for Hutchins’ family in the New Mexico case as to when Baldwin will be deposed in that case. Whatever that date is, it will serve as a single joint deposition with the Svetnoy case, the Baldwin lawyers further contend.
Svetnoy’s attorneys stated in their previous pleadings that Baldwin’s deposition will provide key testimony regarding negligence and punitive damages, as well as what happened on the “Rust” set prior to and on the day of the shooting, through his “unique role as both an actor and producer of the movie.”
Svetnoy contends in his original suit filed in November 2021 that the shooting on the film’s set “was caused by the negligent acts and omissions” of the multiple defendants in his suit. In a subsequent amended complaint, Svetnoy added causes of action for assault and intentional infliction of emotional distress against Baldwin only.
Svetnoy was among the first “Rust” crew members to publicly speak out about the shooting that killed the 42-year-old Hutchins while Baldwin was helping to prepare camera angles on the film’s set near Santa Fe. The weapon, which was supposed to contain only blank rounds, discharged a lead bullet that struck Hutchins in the chest then lodged in the shoulder of director Joel Souza, now 52.
But the actor’s lawyers contend in their court papers that Baldwin was not negligent because he was not responsible for safety, particularly as to prop guns, on the “Rust” set. The same lawyers further state that there also is no evidence of intentional acts to support Svetnoy’s claims for assault or emotional distress.
Last July 12, a New Mexico judge dismissed the criminal case against Baldwin in mid-trial on grounds that the prosecution had suppressed evidence.