Judge orders supplemental briefing on defamation and First Amendment issues, sets oral argument in State v. Mark Allen

An unnamed judge in a Utah trial court on Thursday directed the parties in State of Utah v. Mark Allen to file supplemental legal briefing focused on defamation and First Amendment public-forum issues before hearing oral argument on a motion to dismiss.

The judge said the case (No. 211401656) was on the calendar for oral argument on a motion to dismiss but that recent filings and case law raised questions that warranted additional briefing. "I am really concerned about this," the judge said, asking counsel to address case law on protected speech and whether statements made in court proceedings or public forums affect the analysis.

Defense counsel told the court that briefing was complete and that the reply briefly touched on First Amendment issues but had not examined defamation law in the court context. The attorney for the Utah Attorney General's Office said the state was willing to delay argument for the court to read the reply.

The judge ordered supplemental filings to be submitted within 14 days and set a filing deadline of July 29 at 5 p.m. for any supplements. After discussing scheduling with counsel, the court set oral argument for Aug. 17 at 3 p.m. The judge said they would read the supplemental materials and then proceed with argument on the motion to dismiss.

No ruling was issued on the motion to dismiss during the scheduling conference. The judge instructed parties to file the ordered supplemental materials and confirmed the Aug. 17 oral-argument date before adjourning the conference.