Although attorneys for Alec Baldwin contend that an agreement exists for the actor to be questioned in a single deposition in lawsuits by the “Rust” film’s chief lighting technician and that of another case pending in New Mexico, the specialist’s attorneys say the accord was conditional and now want a judge to set theirs in December.
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. The Hutchins family’s suit against Baldwin is awaiting trial in New Mexico.
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.”
But in court papers filed Wednesday with Judge Maurice Leiter, Svetnoy’s attorneys say their concurrence with Baldwin’s attorneys for a single deposition serving lawyers in both lawsuits was conditioned upon obtaining an agreement from all parties involved and that did not happen. The Svetnoy attorneys want the judge to set Baldwin’s deposition within 10 days of a Dec. 11 hearing on their motion to compel the actor’s pretrial testimony.
“Plaintiff has been attempting to depose (Baldwin) since March 2025,” Svetnoy’s attorneys state. “In every instance, (Baldwin) claimed to be unavailable or simply refused to testify.”
Baldwin was expected to give a deposition on Sept. 19, but claimed to have work commitments that month, according to Svetnoy’s attorney’s court papers, which further state that on Sept. 16, Baldwin was in Los Angeles to support his wife during a taping of her appearance on “Dancing With the Stars.”
“As a result, after nearly nine months of patiently waiting for Defendants to do something, anything to bring this to either this court or the New Mexico court’s attention, (Svetnoy) has now been required to do what (Baldwin) has refused to do, bring this issue to the court’s attention for resolution,” Svetnoy’s attorneys further state.
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.
In July 2024, a New Mexico judge dismissed the criminal case against Baldwin, now 67, in mid-trial on grounds that the prosecution had suppressed evidence.