By Matthew Holloway |
Merissa Hamilton, the Executive Director of Kari Lake’s organization Save Arizona Fund and Co-founder and CEO of Strong Communities Action, notched a victory against Maricopa County Recorder Stephen Richer in his ongoing defamation lawsuit against Lake.
The lawsuit overall is continuing to move forward with Richer stating through his complaint that he has faced “violent vitriol and other dire consequences,” due to what he calls lies spread by Lake, according to the Associated Press. In an op-ed he wrote for the Arizona Republic, Richer said, “Rather than accept political defeat, rather than get a new job, she has sought to undermine confidence in our elections and has mobilized millions of her followers against me.”
In the course of this case, Richer’s attorneys subpoenaed Hamilton, who is not a party to the lawsuit, and compelled her compliance to provide documents for the case. According to court documentation, “Hamilton informed Plaintiff’s counsel she had copied over 100,000 documents. As was her right under A.R.S. § 12-351, Hamilton insisted on payment of reasonable costs at the time of production.” Hamilton assessed her costs to be $32,345.50.
Per A.R.S. § 12-351, ‘All reasonable costs incurred in a civil action by a witness who is not a party to the action with respect to the production of documents pursuant to a subpoena for the production of documentary evidence shall be charged against the party requesting the subpoena if the witness submits an itemized statement to the requesting party stating the reproduction and clerical costs incurred by the witness.” It also allows a witness to “demand payment of the reasonable costs simultaneously with actual delivery of the subpoenaed documents.”
Rachel Alexander of the Arizona Sun Times reported via X, “MaRICOpa(sic) County Recorder Stephen Richer just got smacked down by a left wing judge; ordered to pay Merissa Hamilton $25,345.50! And it appears she was representing herself without an attorney and still won. This was regarding him trying to drag her into his defamation lawsuit against Kari Lake.”
Hamilton corrected her noting that the judge had been changed over the summer and that the presiding judge is now “the Honorable Randall Warner[.] He’s known as being a traditional Constitutionalist judge.”
Judge Warner ruled in Hamilton’s favor that Richer must pay Hamilton $25,345.50 upon picking up the documents even if he elects not to take them, ruling that “Hamilton is not entitled to $7,000 for clerical costs both because those costs are not itemized as required by A.R.S. § 12-351(A), and because 280 hours—the equivalent of seven people working full-time for a week—is an unreasonable amount of time to spend on producing documents.”
Richer’s legal team argued that “Hamilton’s costs are unreasonable because they result from her unilateral decision to produce paper documents. Plaintiff points out that the subpoena and Rule 45 direct documents to be produced in native form and as they are kept in the usual course of business.” However, Hamilton noted that the cover letter she received with the subpoena stated, “Plaintiff was seeking ‘copies of all documents requested,’ that she could comply with it by ‘mailing or delivering the requested documents,’ and that she would be reimbursed for ‘reasonable copying expenses.’” She also pointed out that the letter failed to mention electronic production as an option and that her decision to produce the documents on paper was reasonable.
Judge Warner did concede that “Hamilton misread Plaintiff’s instructions, which any lawyer familiar with the discovery rules would understand as a request for documents in native form. This means digital documents must be produced in their original digital form. Documents stored as PDF’s must be produced as PDF’s. Word documents must be produced as Word documents. Excel files must be produced as Excel files.” However, he added “But it is easy to see how a non-lawyer endeavoring to comply with Plaintiff’s subpoena could be confused.”
In law, many attorneys believe you should never ask a question you don’t know the answer to. It seems clear that Richer didn’t know Hamilton would answer on paper.
Matthew Holloway is a reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
