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Lawsuits & Litigation

Judge Dismisses Trump Request to Delay Defamation Deposition

— October 12, 2022

A federal judge had dismissed former President Donald Trump’s repeated requests to pause or reschedule his deposition in a defamation lawsuit.

In response to Trump’s request, the court said the former president’s attempts to delay the case “inexcusable.”

According to CNN, Trump is currently scheduled to appear before the court on October 19.

The controversial, conservative politician stands accused of defaming E. Jean Carroll, a writer and former magazine columnist, who claims that Trump raped her in a New York City department store in the 1990s.

A gavel. Image via Wikimedia Commons via Flickr/user: Brian Turner. (CCA-BY-2.0).

Trump has long denied the allegations, going so far as to jokingly proclaim that Carroll is not “his type.”

Nevertheless, Trump has sought to avoid being deposed by Carroll’s attorneys.

With Carroll’s claim having made little progress, presiding Judge Lewis Kaplan clarified that the litigation is still ongoing—and that, as Trump and Carroll wait for an appeals court to decide key legal questions in the case, there is little reason that “completing these depositions—which have already been delayed for years—would impose no undue burden on Mr. Trump, let alone any irreparable injury.”

“The defendant should not be permitted to run the clock out on plaintiff’s attempt to gain a remedy for what allegedly was a serious wrong,” Kaplan wrote in his decision.

However, Kaplan did find that Carroll would likely face “substantial injury” if the proceedings are further delayed.

Carroll’s deposition, adds CNN, is scheduled to take place on Thursday.

An attorney for Kaplan noted that Trump has been non-complaint throughout litigation, producing “virtually [no]” documents during discovery.

“We are pleased that Judge Kaplan agreed with our position onto to stay discovery in this case. We look forward to filing our case under the Adult Survivors Act and moving forward to trial with all dispatch,” said attorney Roberta Kaplan.

Speaking on behalf of her client, Kaplan had earlier told the court that Trump was seeking to delay his deposition because he had learned that Carroll plans to sue him over the alleged sexual assault.

The Hill reports that Carroll’s sexual assault lawsuit will be filed under New York’s Adult Survivors Act, a law recently enacted by Gov. Kathy Hochul.

Under the Adult Survivors Act, anyone who claims to have suffered sexual abuse will have a one-year window to file a civil complaint against their alleged attacker, irrespective of when the abuse happened.

The window will open in late November; Roberta Kaplan has indicated that Carroll’s complaint will be filed on or shortly after the Act’s effective date.

Alina Habba, an attorney for Trump, said that the former president and his legal counsel look forward to challenging Carroll in court.

“We look forward to establishing on the record that this case is, and always has been, entirely without merit,” Habba said.


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