Los Angeles Superior Court Judge Maurice Leiter ruled on April 17, 2026, that a civil lawsuit accusing Alec Baldwin of negligence on the 2021 set of Rust may proceed to trial this fall. The judge allowed claims for punitive damages, negligence, and intentional infliction of emotional distress brought by gaffer Serge Svetnoy to move forward, while dismissing an assault claim.

If the parties do not reach a settlement, the trial is scheduled to begin on October 12, 2026. The trial had originally been set for May 26, 2026, but the parties requested a continuance to pursue further discovery and discuss a possible settlement. Leiter expressed concern about further delays and said the case should come to a resolution.

The lawsuit stems from the October 21, 2021, discharge of a prop revolver that killed cinematographer Halyna Hutchins and wounded director Joel Souza. Svetnoy, who was standing approximately six to seven feet behind the monitor, was not injured, but alleged he felt a whoosh from the gunshot and heard a loud bang. After realizing Hutchins had been shot, Svetnoy spent 20 to 30 minutes rendering aid to her. Baldwin had been practicing a cross-draw maneuver when the revolver fired.

Svetnoy filed his lawsuit in November 2021, alleging emotional distress caused by negligence by Baldwin and Rust Movie Productions. "Simply put, there was no reason for a live bullet to be placed in that .45 Colt revolver or to be present anywhere on the Rust set, and the presence of a bullet in a revolver posed a lethal threat to everyone in its vicinity." Svetnoy also said in the complaint, "The scene did not call for Defendant Baldwin to shoot the Colt Revolver, which should not have contained any live ammunition."

In his ruling, Leiter wrote, "A reasonable jury could find that Mr. Baldwin recklessly disregarded the probability that pointing a gun in the direction of someone, with his finger on the trigger, would cause emotional distress." In dismissing the assault claim, Leiter wrote, "Plaintiff presents no evidence that Mr. Baldwin intended to cause harm to Plaintiff or anyone else."

Leiter rejected arguments from Rust Movie Productions and Baldwin that they were not legally responsible for set safety. The production company had argued that Svetnoy's claims should be left to the workers compensation system, but the judge found that Rust Movie Productions did not have any employees, making that system unavailable.

Baldwin has claimed he was not aware the revolver contained a live round and that it discharged accidentally after he followed instructions to point it toward Hutchins, saying he did not pull the trigger. A judge in Santa Fe dismissed Baldwin's involuntary manslaughter charge with prejudice in July 2024, after agreeing with his lawyers that prosecutors had withheld evidence.

"We're pleased with the court's decision, and we'll see where it goes from here," said John Upton, an attorney for Svetnoy.