Fox Dominion defamation trial postponed to Tuesday

A political ad is posted on the exterior of Fox News’ headquarters on 6th Avenue in New York on July 21, 2020.

Timothy A Clary | AFP | Getty Images

WILMINGTON, Delaware — Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News was delayed on the eve of its scheduled start date, a court official said Sunday.

The conclusion of the jury selection process and the start of the opening remarks, which were scheduled for Monday morning, have been postponed until 9 a.m. ET Tuesday morning, according to a statement from the Delaware Superior Court.

Fox and Dominion spokespeople did not immediately provide statements when asked for comment after the delay was announced Sunday night.

Dominion, which sells voting machines and voting software, claimed to have been defamed by Fox Corp. and its cable television networks after Fox circulated false claims that the company rigged the 2020 election against former President Donald Trump.

Fox has argued that Dominion failed to meet the legal standard for defamation and that on-air statements about Dominion were protected by the First Amendment.

The Wall Street Journal reported earlier Sunday that Fox made a last-minute push to settle the lawsuit out of court.

Most defamation cases are settled out of court. But as of Saturday, the possibility of Dominion and Fox escaping a trial seemed as unlikely as ever. “In the coming weeks we will prove that Fox has spread lies that are causing enormous damage to Dominion. We look forward to the trial,” a Dominion spokesman told CNBC on Saturday morning.

Judge Eric Davis, who is presiding over the case, said in a court statement that he would formally announce the delay in his courtroom at 9 a.m. ET Monday.