Attorneys for the “Rust” film’s chief lighting technician have dropped their efforts to compel the deposition of Alec Baldwin in a lawsuit in which the plaintiff is seeking damages for emotional distress.
Plaintiff Serge Svetnoy alleges in his Los Angeles Superior Court complaint that he was impacted psychologically during the accidental fatal shooting of cinematographer Halyna Hutchins from a bullet fired by Baldwin with a prop gun in New Mexico in 2021.
Svetnoy’s attorneys stated in their previous pleadings that Baldwin’s deposition would 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.”
The Svetnoy attorneys stated they had been trying to depose Baldwin since March 2025 and that in every instance the actor “claimed to be unavailable or simply refused to testify.”
But in court papers filed Friday with Judge Maurice Leiter, Svetnoy’s attorneys asked that a hearing on their motion that was scheduled to be heard Monday be canceled. No reasons were given for the change.
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.