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Court Issues Order in Mercer County Election Dispute, Setting Discovery and Deposition Guidelines

Mercer County Superior Court has issued a new order to streamline the discovery and deposition process, setting specific dates, narrowing the scope but extending the response period of discovery.
Written by 
C4NJEI
July 25, 2025

In the ongoing Mercer County Superior Court case involving allegations of voting rights violations in the 2022 General Election, the court has issued a new order to streamline the discovery and deposition process. The plaintiffs, consisting of Mercer County voters, had previously argued that the defendants, including the Mercer County Board of Elections, had made excessive and intrusive discovery demands. The defendants countered that the plaintiffs had inadequately responded to their discovery requests.

Following negotiations at a hearing on July 18, 2025, the court has now set specific guidelines for the deposition process. Depositions are scheduled to begin the week of August 18, 2025, with plaintiffs deposing the defendants first. The plaintiffs' counsel will issue formal notices to confirm deposition details.

Additionally, the court directed plaintiffs to provide written responses to defendants' first set of interrogatories by July 25, 2025. The defendants' requests for electronically stored information (ESI) and communications, such as text messages and emails, have been specifically narrowed to those related to plaintiffs' personal voting observations during the 2022, 2023, and 2024 General Elections. Communications unrelated to these events or to political expression are excluded from the scope of discovery.

Each plaintiff is also required to complete and submit a certification verifying their search and production of relevant materials by August 4, 2025.Finally, the discovery period has been extended by thirty days, from the original end date of September 4, 2025, to October 4, 2025.

The court's order aims to balance efficient case management with protecting the constitutional rights and privacy of the individuals involved