Fox News to turn over more evidence in Smartmatic defamation suit, including Murdoch documents
Written by ABC Audio All Rights Reserved on April 26, 2023
(NEW YORK) — In the wake of its historic $787 million settlement with Dominion, Fox News will now turn over additional evidence as part of the ongoing $2.7 billion defamation case it is facing from Smartmatic, lawyers for both sides said in court on Wednesday.
Fox has agreed to turn over depositions, exhibits, and “all of the responding documents” related to a number of individuals at the company– including Rupert and Lachlan Murdoch, an attorney for Smartmatic, Edward Wipper, said in court.
“We agreed that the Fox defendants will produce the depositions, exhibits, and errata, and all of responsive documents,” Wipper said.
The resolution between the two parties came as attorneys for Smartmatic and Fox were back in court on Wednesday for a motion hearing in the case. The depositions and exhibits come from the Dominion case.
The parties agreed that Fox will turn over documents relating to four individuals: Fox Chairman Rupert Murdoch, News Corp co-Chairman Lachlan Murdoch, Fox’s chief legal counsel Viet D. Dinh and SVP of Fox Corp. Raj Shah.
Smartmatic, based in Florida, is suing Fox News, Fox hosts Maria Bartiromo and Jeanine Pirro, former Fox host Lou Dobbs, and Trump attorney Rudy Giuliani for $2.7 billion. The suit was filed in February 2021.
A day after Fox News agreed to pay $787.5 million to settle a defamation suit brought by Dominion Voting Systems, a Fox spokesperson said the network will be “ready to defend” itself against the Smartmatic suit.
“We will be ready to defend this case surrounding extremely newsworthy events when it goes to trial, likely in 2025,” the statement said. “As a report prepared by our financial expert shows, Smartmatic’s damages claims are implausible, disconnected from reality, and on its face intended to chill First Amendment freedoms.”
The judge ordered Fox to turn over the documents by May 10.
“How’s one week?” the judge initially said to Fox.
“Can I have two?” Fox attorney Winn Allen responded.
Smartmatic agreed to the two-week period.
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