Actor Alec Baldwin will face a civil trial in October over the fatal 2021 shooting on the set of the film Rust, after a Los Angeles Superior Court judge ruled that claims brought by a crew member may proceed.

The case stems from the shooting in Santa Fe, New Mexico, in which cinematographer Halyna Hutchins was killed when a prop firearm discharged during production. Baldwin previously faced criminal involuntary manslaughter charges in connection with the incident, but those charges were dismissed in July 2024 after a judge found prosecutors had withheld evidence.

The civil lawsuit was brought by Serge Svetnoy, a lighting technician on set, who alleges he suffered emotional distress as a result of the shooting and what he claims was negligence by Baldwin and the production team behind the film Rust.

In a ruling issued Friday, Judge Maurice Leiter allowed multiple claims to move forward, including negligence and intentional infliction of emotional distress. The court rejected defense arguments that the case should be handled under workers’ compensation provisions, finding insufficient evidence that such coverage applied.

The judge also noted that a jury could determine Baldwin acted recklessly by pointing a firearm in the direction of others with his finger on the trigger, though he dismissed Svetnoy’s assault claim due to lack of evidence of intent to harm.

Baldwin has maintained that he did not know the firearm contained a live round and has repeatedly said he did not pull the trigger. His attorneys and Rust Movie Productions have argued they should not be held liable for what they describe as a broader breakdown in on-set safety protocols.

Svetnoy’s attorney, John Upton, argued in court that Baldwin bore responsibility as a key participant in the scene, stating that firearms do not discharge without action. The plaintiff alleges he experienced emotional trauma after being near the discharge.

The judge also permitted punitive damages claims to proceed and expressed concern about continued delays, setting the trial for Oct. 12 and signaling reluctance to allow further postponements.

The civil case adds another legal layer to one of Hollywood’s most closely watched on-set incidents, nearly five years after the fatal shooting occurred.