PORTLAND, OR (KPTV) -
The civil case against Kyron Horman's stepmother, Terri Horman, will go forward.
That's the decision handed down by a Multnomah County judge.
Kyron's mother, Desiree Young, filed a lawsuit against Terri Horman in June, accusing her of taking or hurting Kyron.
Terri Horman's lawyers filed a motion to delay the suit, but a judge denied it Wednesday.
Terri Horman was not in court, but her lawyer Peter Bunch argued that while the criminal investigation into Kyron's disappearance is still active, the civil case should not move forward.
Police said Terri Horman was the last person to see Kyron and since she still seems to be their focus, Bunch said she has the right to not incriminate herself.
"The fact that my client is still the target of this investigation is a factor that weighs in favor of abatement," said Bunch.
Because there has been no indictment or arrest, Young filed the suit against Terri Horman in hopes that a judge could compel her to talk.
Young's lawyer Elden Rosenthal says Young has rights too.
"She has a constitutional right to pursue this case, a constitutional right to a jury trial and she has the right to know the whereabouts of her child," said Rosenthal.
At the conclusion of the hearing, Judge Henry Kantor denied the motion to delay.
"I am specifically going to let the deposition at this time to go forward," said Kantor. "There's no indication that the defendant's concerns will be affected by that deposition whatsoever."
Outside the courtroom, Young became emotional while talking about the ruling.
"I'm looking forward to moving forward," said Young. "I'm excited about this."
Kyron's father, Kaine Horman, was not involved in filing the lawsuit, but in front of the Wall of Hope dedicated to his son, Kaine Horman said he sees this decision as a victory.
"It sounds like the ruling was favorable today," said Kaine Horman. "It sounds like we're going to have a path forward on this particular case, and I think it's a great thing. We need all the information we can get to bring Kyron home, find where he is and get this done."
The case will move forward on Thursday with the deposition of Terri Horman's teenage son James Moulton.
Young's lawyer tells FOX 12 it will take place in Roseburg at a secret location.
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Desiree Young sits in a Portland courtroom just before the judge denied Terri Horman's request to delay a lawsuit against her.
