Alec Baldwin’s ongoing legal challenges stemming from the tragic shooting on his Western film “Rust” set are set to persist, as a judge has scheduled a civil trial for October.
Los Angeles Superior Court Judge Maurice Leiter decided on Friday that the lawsuit filed by Serge Svetnoy, a gaffer on the “Rust” set, will move forward. The court will examine whether Baldwin acted negligently when he discharged a loaded revolver during filming, as reported by the Daily Mail.
This development presents another hurdle for the 68-year-old actor, following a New Mexico judge’s decision to dismiss a manslaughter charge against him. The dismissal was based on claims that the prosecution may have withheld evidence that could have cleared Baldwin.
The Daily Mail has contacted Baldwin’s representatives for a statement but has yet to receive a reply.
Svetnoy’s lawsuit targets both Baldwin and the production company behind “Rust,” alleging that their negligence caused him emotional distress. Baldwin, who also served as a producer on the film, is named directly in the suit.
Baldwin has maintained from the start that he had no idea the revolver he was handed on set had been loaded with live rounds, and he has also denied ever pulling the trigger before cinematographer Halyna Hutchins was shot and killed on October 21, 2021.
Alec Baldwin’s long-running legal troubles from his fatal shooting incident on the set of his Western film Rust continue to drag on now that a judge has ruled that he will face a civil trial in October; he’s pictured with wife Hilaria (R) in July 2024
On Friday, LA Superior Court Judge Maurice Leiter ruled that a lawsuit brought by Rust gaffer Serge Svetnoy will proceed to determine if Baldwin negligently fired a loaded revolver on set; Baldwin is pictured in court in Santa Fe, New Mexico, on July 12, 2024
Rust’s director, Joel Souza, was also injured by the gunfire but survived.
Baldwin and the Rust team had argued that they were not responsible for the on-set shooting, but Judge Leiter was unmoved by their arguments in his decision.
‘A reasonable jury could find that Mr. Baldwin recklessly disregarded the probability that pointing a gun in the direction of someone, with the finger on the trigger, would cause emotional distress,’ he wrote.
However, the judge threw out Svetnoy’s claim that he had been assaulted, writing that he had ‘not shown that a reasonable jury could find for Plaintiff on the intent element of an assault claim.’
The gaffer said he heard a loud blast from the gunshot and felt a gust of air as it fired, but he was notably not injured in the shooting.
Leiter wrote that Baldwin and the film production had ‘met their initial burden’ after they claimed that there was no evidence that Baldwin had intended to harm anyone on set. He also defended dismissing the claim because Svetnoy wasn’t worried about being injured before the revolver discharged. ‘
In a statement to the Daily Mail, Svetnoy’s attorney, John M. Upton, said they were ‘pleased with the Court’s decision to deny the motions for summary judgment brought by Rust Movie Productions and Alex Baldwin.
‘These rulings enable our client to present his case at a jury trial, now scheduled for October of this year,’ he added. ‘He looks forward to finally having his day in court on this long-pending matter. ‘
Baldwin and the Rust team had argued that they were not responsible for the on-set shooting, but Judge Leiter was unmoved. He ruled that Svetnoy could sue for infliction of emotional distress and negligence; Baldwin is pictured in 2021
However, the gaffer’s claim that Baldwin assaulted him was dismissed. The tragic incident occurred on set at the Bonanza Creek Ranch in Santa Fe, New Mexico (pictured)
In a hearing on Friday, Upton argued that ‘Mr. Baldwin is the last line of defense,’ adding, ‘Guns generally do not shoot themselves,’ according to Variety.
Leiter went on to dismiss the defendants’ claim that Svetnoy’s lawsuit was barred by a worker’s compensation clause in his employment contract, and he approved Svetnoy’s attempt to extract punitive damages in the civil suit.
The trial will now begin on October 12, unless a settlement is reached before that date.
Baldwin previously claimed that he felt intense pressure to return to filming Rust following the fatal on-set shooting that shook the production.
The film — starring Baldwin, Josh Hopkins, Frances Fisher and Travis Fimmel — was ultimately completed and released in May 2025, featuring a dedication to Hutchins.
Speaking on The Hollywood Reporter’s Awards Chatter podcast, Baldwin claimed there were legal consequences if he did not return to complete the film.
‘We had to go back and finish the movie Rust in Montana as a component of the settlement with [Hutchins] husband. We had to finish,’ Baldwin said.
‘We gave him the movie and said, “You sell it and do whatever you want with it.” So I had to go [finish the film], and I was really sick.’
He alleged, ‘I had to get up on a horse and go back there to Montana to finish the film, or they were going to sue the s*** out of me.’
The actor also spoke about potentially stepping back from acting for good, saying the ordeal had taken a lasting toll on multiple aspects of his life.
‘It impacted me in every way – financially, career-wise, my wife, my kids, my health.’
Baldwin previously said he felt intense pressure to finish filming Rust after the fatal on-set shooting. Speaking on The Hollywood Reporter’s Awards Chatter podcast, Baldwin claimed there were legal consequences if he didn’t return to complete the film; (pictured in March)
Following the incident, Baldwin spent significantly more time at home with his wife Hilaria and their seven children: Carmen, Rafael, Leonardo, Romeo, Eduardo, Maria and Ilaria
Following the incident, Baldwin spent significantly more time at home with his wife Hilaria and their seven children: Carmen, Rafael, Leonardo, Romeo, Eduardo, Maria and Ilaria.
He also shares his eldest daughter Ireland with ex-wife Kim Basinger.
Speaking further, he said the experience led him to step back from work for an extended period.
He added that although he is now beginning to take on projects again, his outlook has changed.
‘I hardly worked at all. And that’s just changing now, I’m going to go off and do a bunch of things, but I was home and I got used to it, and I don’t want to leave my house anymore. I don’t.
‘I don’t want to work anymore. I don’t. I really don’t. I want to retire and stay home with my kids.’
He has previously spoken at length about the toll the case has taken on him, including in a December appearance on the podcast Dopey: On the Dark Comedy of Drug Addiction.
‘It’s taken 10 years off my life – it’s taken at least 10 years off my life; he said.
He added that it affected every aspect of his life, saying, ‘I can tell you, it broke every nerve in my body, spiritually, financially, work-wise, my career, my wife, my kids, my friends, my health.’
Baldwin said his main concern during the legal battle was shielding his family from the strain of the situation.
Late cinematographer Halyna Hutchins attends the SAGindie Sundance Filmmakers Reception at Cafe Terigo on January 28, 2019 in Park City, Utah
‘The people I was most concerned about, the people I had the deepest pain for, were my wife and my kids,’ Baldwin said on the podcast.
He also described how his children noticed his emotional state during the proceedings, saying, ‘My kids would see me sitting in a corner, I couldn’t even move,’ Baldwin said.
He added that his daily life was significantly disrupted, noting, ‘there was a point in time where I took a nap every day for a year, right after they announced they were going to raise the charges again.’
Baldwin admitted to having suicidal ideations in the wake of the incident.
‘It’s really kind of unappealing to me because to talk about killing yourself and to actually kill yourself are two so profoundly distinctive things,’ Baldwin said. ‘I think a lot of people – I think countless people think about killing themselves and ending their life, and then very few do.
‘And for me, I remember, I used to lay there in bed and go, “Oh God, I can’t wake up another day and have it be the same. It’s the same every day.”‘
He added, ‘And I can’t do it. But somehow I found the faith in God to, you know, not kill myself tomorrow. Let’s wait one more day.”‘
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