Yesterday, Monday, December 26, 2022, the Defendants in Lake v. Hobbs, et al. filed several motions for sanctions and applications for fees and expenses to be assessed against Plaintiff Kari Lake, who lost her bid to prove “intentional misconduct” in her Election Contest Complaint. This was to meet a deadline set by Judge Peter A. Thompson in his December 24th ruling after the two-day evidentiary hearing was held last week, December 21st-22nd.
Today, Tuesday, December 27th, Judge Thompson issued his ruling on the Defendants’ motions for sanctions.
He has ordered for them to be reimbursed a little over $33,000.00 for expert witness fees, saying that they are entitled to this by law.
A prevailing party in Superior Court is entitled to an award of taxable costs pursuant to Arizona Revised Statutes § 12-332. These costs include the fees of witnesses. A.R.S. § 12-332(A)(1).
But he denied their requests for sanctions which would have entitled them to reimbursement of the other fees and expenses they claimed (attorneys’ costs, staff costs, etc.) which totaled over $600,000.00 per their statements and applications filed.
From his ruling:
THE COURT FINDS that Plaintiff's claims presented in this litigation were not groundless and brought in bad faith under Arizona Revised Statutes § 12-349(A)(1). Therefore,
IT IS ORDERED denying Defendants' Motions For Attorney Fees and Sanctions.
You can read Judge Thompson’s ruling (“MINUTE ENTRY”) here:
https://www.clerkofcourt.maricopa.gov/home/showpublisheddocument/4567
This afternoon (Tuesday, December 27), Kari Lake’s counsel filed their Notice of Appeal, which you can read here:
https://www.clerkofcourt.maricopa.gov/home/showpublisheddocument/4571
ALL of the documents filed in this case can be found here:
https://www.clerkofcourt.maricopa.gov/records/election-2022/cv2022-095403