SALT LAKE CITY — Unaffiliated U.S. Senate candidate Evan McMullin will not have to give a deposition before Election Day in a lawsuit over an attack ad, a judge has ruled.
McMullin is suing the Club for Growth political action committee for defamation and slander over an ad that he claims distorts his words about the Republican Party. He is also suing three local TV stations — including FOX 13 — for airing the ad.
McMullin, who has built his campaign around a broad base of support from independents, Democrats and Republicans, is in a neck-and-neck race with incumbent Republican Sen. Mike Lee. He was not in court on Thursday as this aspect of his lawsuit was argued.
Club for Growth's attorneys wanted a deposition before Election Day (they initially proposed one the same day as his only debate with Sen. Lee). McMullin's attorney argued it was still too soon.
"They simply want to rush this deposition to get more political wins, to score more political points. After cutting a distorting and defamatory ad, they want to continue to flood the zone to try and embarrass Mr. McMullin," said his lawyer, Ryan Bell.
Bell argued the media outlets being sued have not yet formally answered the lawsuit and McMullin should not have to give multiple depositions.
"He's booked. He's a prominent Senate candidate in a dead heat right now in the closing days of the most important campaign of his life," he told the judge.
But Club for Growth suggested to the judge it was McMullin who is playing politics with litigation.
"What they’re doing is they’re trying to reap the political rewards of filing this action before the election and none of the litigation consequences," said Brent Hatch, an attorney representing the group.
Hatch argued that the deposition demand was proper under the rules of civil litigation.
"The big question is why, if this was not political, why if this wasn’t a rush, did they file this complaint on Oct. 4 — one month before the election and expect there to be no consequences from my client and potentially the media being accused of all these horrible things," Hatch told the judge.
Third District Court Judge Randall Skanchy decided that McMullin would not have to sit for a deposition between now and Election Day.
"I am granting the motion to forestall the deposition of Mr. McMullin until after we've had traditional answers or other responses from all the parties," he said.
The judge also delayed a decision on whether to sever the television stations from portions of the litigation.
