Judge says discovery will proceed in defamation case against Kari Lake until late August

Attorneys in an ongoing defamation case against Republican Kari Lake have until the end of August to exchange information and interview witnesses before the case goes to a damages hearing.

Maricopa County Superior Court Judge Jay Adleman issued an order Monday setting a schedule for the case, which has been in legal limbo since Lake forfeited her ability to defend herself in court in March. His calendar closely mirrors a proposed one submitted by Maricopa County Recorder Stephen Richer, a Republican who filed the lawsuit in June.

His suit accuses Lake, a former gubernatorial and current U.S. Senate candidate, of spreading false information about him after the November 2022 election. It alleges Lake knew, or should have known, the statements were false.

Lawyers for Richer seek a variety of documents and records from Lake. Her attorneys previously argued in court that the case should proceed straight to a damages hearing without discovery, the formal process of exchanging information between attorneys about witnesses and evidence.

Adleman's most recent order makes clear there will be discovery in the case. Attorneys have until late May to exchange written lists of information and records they're seeking through the process. The parties can object to any requests, and those will be hashed out in mid-June.

Document production is set to conclude a month later, with all discovery ending on Aug. 30. Then, lawyers will be back in court on Sept. 10 for a status conference.

Attorneys for Richer declined to comment Monday on the new schedule. An attorney for Lake did not immediately respond to The Arizona Republic's request for comment.

When will the case conclude?

The ongoing case is expected to serve as a high-profile test of whether false election statements against known public officials could be actionable in court.

Richer's attorneys previously said they would seek text messages, emails, financial documents and other records from Lake that could shed light on the "reach and impact" of her "false statements." They also indicated they would seek damages on reputational grounds.

"We're entitled to determine exactly how much ill will, how much spite there was toward Mr. Richer," attorney Daniel Maynard said in court last month. "The defendants seem to think we have all of this information at our disposal. We don't."

Timothy La Sota, an attorney representing Lake, said in April that Richer's recent social media posts about his campaign fundraising suggest a lack of reputational harm. Richer is currently running for reelection as county recorder.

"If you look at what Mr. Richer is saying when he's not in court, he's more popular than ever," La Sota said in court.

He previously accused Richer of bringing the suit to "sideline" Lake from her campaign for U.S. Senate. That echoes statements made by Lake after she filed a default judgment in the case. In a March social media post, she maintained her statements were true but said she simply doesn't want to spend time or money on the lawsuit amidst her congressional race.

Adleman said Monday that he would not schedule a damages hearing date "until the parties have completed their mediation as well as most of their discovery efforts."

That leaves the case's end date wide open. With an expedited schedule, a court decision could come in the weeks immediately before Election Day. If court dates fall at a more normal pace, the suit is likely to conclude after the general election.

A new judge

Adleman also announced he won't be handling the case as of June 21.

Judicial rotations mean Judge Randall Warner will take over the suit, Adleman wrote in a minute entry.

In Maricopa County, judges are assigned to particular court divisions for varying periods of time. Warner currently serves in family court, handling matters such as divorces and child custody agreements, but will transition to civil court this summer.

Adleman will move to family court, filling a vacancy created by another judge moving to criminal court.

Warner previously served on the civil bench from 2012 to 2018 and 2020 to 2023. From 2015 to 2018, he served as civil presiding judge, overseeing the court’s civil division.

He was appointed as a judge by former Gov. Janet Napolitano in 2007. Before that, he was a partner at Jones, Skelton & Hochuli specializing in appellate and commercial litigation practice. The firm, which is focused on insurance and insurance coverage defense, has offices in Arizona, New Mexico and Utah.

Sasha Hupka covers county government and election administration for The Arizona Republic. Do you have a tip? Reach her at sasha.hupka@arizonarepublic.com. Follow her on X, formerly Twitter: @SashaHupka. Follow her on Instagram or Threads: @sashahupkasnaps.

This article originally appeared on Arizona Republic: Kari Lake defamation lawsuit: Discovery to proceed until late August