A hearing will be set in Marion County on the civil suit against a man who was found liable in the shooting death of his mother, and faces criminal charges in the same matter.

A motion for a hearing on the defense’s request to vacate the jury’s verdict in the case against Jason Carter was granted on Tuesday; District Court Judge Martha Mertz issued that ruling in the civil case brought about by his father Bill and brother Billy, asserting Carter shot his mother Shirley to death.

The jury returned its verdict on December 17th, and two days later Jason Carter was arrested on charges of first-degree murder. That case is still pending.

Carter’s attorneys maintain those charges gave them access to new information which had been denied to them in the civil matter, which they say could exonerate their client. The court ruled this matter is best determined quickly, and ordered the hearing to be scheduled within the next three weeks.

But the court denied another motion to open up confidential information which had been ordered sealed; when the question came up during the original trial, the court ensured the defense received necessary information and kept some individuals’ names and other investigative information from being made public. Judge Mertz ruled this shouldn’t change because the defendant is now on the other side of the issue.

If the new hearing isn’t scheduled within 20 days of the ruling, one will be ordered before the end of December.