Kari Lake conceded her election defamation case. But she doesn't want to turn over records

Attorneys in an ongoing defamation case against former gubernatorial and current U.S. Senate candidate Kari Lake are quarreling over whether they must share documents and information as the case proceeds.

Lawyers for Maricopa County Recorder Stephen Richer, who filed the lawsuit in June, seek a variety of documents and records from Lake. But her attorneys said in court on Wednesday that the case should proceed straight to a damages hearing without discovery, the formal process of exchanging information between attorneys about witnesses and evidence.

Now, Maricopa County Superior Court Judge Jay Adleman must decide how the case should move forward. He told attorneys in court that he would "take a closer look" at the proposed schedules and "cobble something together."

"I hope to get a scheduling order out in very short order and move things forward," Adleman said.

Richer's suit accuses Lake of spreading false information about him after the November 2022 election. It alleges Lake knew, or should have known, the statements were false. Both Richer and Lake are Republicans.

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

In December, Maricopa County Superior Court Judge Jay Adleman rejected initial motions from Lake to dismiss the case. She appealed the matter to the Arizona Court of Appeals, which said it would not consider her special action petition. Lake then appealed to the Arizona Supreme Court, which instituted a temporary stay in the defamation lawsuit but later lifted it and rejected Lake's request.

Last month, Lake forfeited her ability to defend herself in court. Adleman released an order days later, writing Lake lost "all rights to litigate the merit" of the case through the move. His minute entry suggested discovery related to damages in the case may proceed.

But the case is still in an "unusual procedural posture," Adleman said Wednesday. With any discovery, Adleman said Lake's legal team will be able to present counterproof and cross-examine any witnesses giving depositions.

Suit now focused on damages

Richer's attorneys said Wednesday that they 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 said they would primarily 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. "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 Richer's recent social media posts suggest a lack of reputational harm. He specifically referenced Richer's posts about his campaign fundraising on X, the site formerly known as Twitter. 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.

He 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.

Meanwhile, Maynard accused Lake's lawyers of "a lot of footdragging" in the suit. He said he would ask Adleman to strictly enforce whatever schedule the court ordered.

La Sota denied any intentional efforts to slow down the case.

"I resent being accused of footdragging," he said, adding that Maynard "pitched a fit" over a recent disagreement about a status conference.

Adleman said he hadn't observed any party in the case acting "in bad faith."

"I'm sorry if there's some parties that feel differently," he said.

Sasha Hupka covers county government and election administration for The Arizona Republic. Do you have a tip to share on elections or voting? Reach her at [email protected]. Follow her on X, formerly Twitter: @SashaHupka. Follow her on Instagram or Threads: @sashahupkasnaps.

This article originally appeared on Arizona Republic: Kari Lake defamation case: Attorneys argue over discovery