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Herbster’s legal team files multiple motions in countersuit

The embattled Nebraska gubernatorial candidate was initially due in court for a deposition Friday.
A flurry of motions was filed today by Charles Herbster's legal team in its lawsuit against Nebraska state Senator Julie Slama.
Published: May. 5, 2022 at 5:50 PM CDT
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JOHNSON COUNTY, Neb. (WOWT) - A flurry of motions were filed Thursday by Charles Herbster’s legal team in its lawsuit against Nebraska State Sen. Julie Slama.

She says Herbster, a Republican candidate for governor of Nebraska, reached under her dress during a fundraiser in Omaha in 2019. Several other women shared similar complaints.

Herbster says they’re politically motivated lies, and sued Slama for defamation. She then countersued him for sexual battery, ordering him to court in Johnson County to give a deposition, a legally recorded interview under oath.

That was scheduled for Friday morning — four days before the election. Herbster’s legal team on Thursday asked the judge to stop it, asking for a hearing to fight it.

The judge set a hearing date for June.

Herbster’s team said it’s customary for attorneys on both sides to pick a date for depositions at a mutually convenient time.

Herbster said the Slama legal team scheduled it four days before an election for one reason: to annoy, oppress and create an undue burden, noting that he had already published his campaign schedule, which puts him in western Nebraska on that day.

Herbster said the law firm representing Slama is also the legal mind behind rival Jim Pillen’s campaign, claiming they are all part of “the establishment” trying to bring down his campaign for governor.

For her part, Slama said Herbster’s lawsuit is without merit and aims to “scare victims from coming forward to share the truth.” She filed an objection Thursday, shown below, and issued the following statement:

“I am appalled at Charles Herbster’s blatant disregard of Nebraska’s judicial process. Charles Herbster sexually assaulted me and then sued me for telling the truth, but now he refuses to actually show up for his own deposition. I look forward to holding Herbster accountable through the judicial process.”

State Sen. Julie Slama of Sterling

“Charles Herbster was served with a proper notice to appear at the Johnson County Courthouse for his deposition eleven days in advance. Notwithstanding this legal obligation, Herbster has confirmed he will not appear. Nebraska’s court rules for civil discovery provide for sanctions against parties who fail to appear at properly noticed depositions.

The court filings made today by Herbster’s lawyers contain misstatements of fact or plain misapplications of law. We have already responded and will make a more comprehensive response to these improper and inflammatory claims in due course and will continue to vigorously represent Senator Slama. Charles Herbster is not entitled to deprive Senator Slama of the counsel of her choice.”

Dave Lopez, litigation counsel for State Sen. Julie Slama

Read State Sen. Slama’s objection

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