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Attorneys for Herbster and Slama argue motions, whether Herbster will be deposed, in initial court hearing

Posted at 6:30 PM, Jun 14, 2022
and last updated 2022-06-14 23:25:12-04

BEATRICE, Neb. (KMTV) — The legal battle between former candidate for governor Charles Herbster and State Senator Julie Slama finally made it into a Nebraska courtroom Tuesday.

Lawyers for Herbster and Slama have been dueling through legal documents — complaints, motions and counterclaims for nearly two months.

While the case is technically set in Johnson County, District Court Judge Rick Schreiner presided over the hearing in Beatrice for efficiency purposes.

The case is fraught with politics, but he made it known the case will be about the law.

“I’m here to litigate a legal matter. I care not about political campaigns and the time they may take up, if you have legal arguments to make I’m happy to hear them,” said Scheiner.

The hearing, which Slama attended and Herbster did not, was largely about procedure.

One of the battles involved whether Herbster will be deposed, or testify under oath, in the near future.

“Senator Slama has been unable to depose Mr. Herbster to date,” said Slama's attorney, Marnie Jensen.

Slama’s team raised issue with the fact that Herbster didn’t come to a hearing that was originally scheduled, and his lawyers have been quiet on setting up a new date.

“We heard nothing in response,” said Slama.

Herbster's team said their client wants all the so-called technical issues worked out before he testifies.

The judge made a point that there's nothing in the law that demands that.

“What rule requires all the pleadings be in order before a deposition can be taken?” asked Schreiner.

“There is not a rule that specifically requires that your honor,” said Theodore Boecker, an attorney for Herbster.

Judge Schreiner pleaded with both sides to work together before the next hearing.

There is no date set for that yet, either.

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