Desiree Young sits in a Portland courtroom just before the judge denied Terri Horman's request to delay a lawsuit against her.
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.
Copyright 2012 KPTV (Meredith Corporation). All rights reserved.
Kyron Horman disappeared from Skyline School in northwest Portland on June 4, 2012. He hasn't been seen since. RAW VIDEO: Watch Desiree Young's remarksREAD: Desiree Young's lawsuit against Terri HormanMore>>
Friday, May 17 2013 7:16 PM EDT2013-05-17 23:16:53 GMT
One person has died in a crash near Harrisonville, MO, Thursday evening. The crash happened on Missouri Highway 7 and Walker Road. It involved a car and a tractor-trailer. Harrisonville is in Cass County.More >
Savannah Nash celebrated her 16th birthday last week. She died Thursday when her car slammed into a semi while she was texting during her first time driving by herself.More >
Saturday, May 18 2013 2:54 AM EDT2013-05-18 06:54:01 GMT
An Oregon girl abducted as a baby and missing for 18 years finally emerged in Dallas this week when her mother turned herself in to authorities, according to the Polk County Sheriff's Department. More >
An Oregon girl abducted as a baby and missing for 18 years finally emerged in Dallas this week when her mother turned herself in to authorities, according to the Polk County Sheriff's Department.More >
Friday, May 17 2013 11:00 PM EDT2013-05-18 03:00:58 GMT
A masked man barged into a local marijuana dispensary and robbed two people at gunpoint. It happened at 10:45 a.m. Thursday morning at the Relief Medical Marijuana Facility on Southeast 122nd near Glisan.More >
An armed robber held a gun to the back of a woman's head and threatened to shoot her if he didn't get marijuana. More >
Wednesday, May 15 2013 2:57 PM EDT2013-05-15 18:57:11 GMT
The old saying goes, "If you can't take the heat, stay out of the kitchen." Perhaps, this applies to Kitchen Nightmares, as well. An Arizona bakery was featured on Friday's episode of the Gordon RamseyMore >
The old saying goes, "If you can't take the heat, stay out of the kitchen." Perhaps, this applies to Kitchen Nightmares, as well.More >
An online beauty contest created by teenage boys is causing a controversy at Newberg High School, but the school can't do much to stop it. It's called May Madness, a bracket contest that ranks high schoolMore >
A "May Madness" bracket at Newberg High School ranks high school girls on their "hotness."More >
One of Alaska's most restless volcanoes has shot an ash cloud 15,000 feet into the air in an ongoing eruption that has drawn attention from a nearby community but isn't expected to threaten air traffic.More >
One of Alaska's most restless volcanoes shot an ash cloud 15,000 feet into the air Friday in an ongoing eruption that is visible for miles when the weather allows.More >
Friday, May 17 2013 4:23 PM EDT2013-05-17 20:23:49 GMT
A SWAT team serving a search warrant in Vancouver arrested two men on charges of rape and unlawful imprisonment.Sergio Leon, 21, and Aaron-Blair Davey, 24, were taken into custody in connection with aMore >
Two men accused of holding a woman down and raping her were arrested in a raid at a Vancouver home yesterday. More >
Friday, May 17 2013 4:10 PM EDT2013-05-17 20:10:42 GMT
SWAT teams arrested three men accused of pointing a loaded gun at a black man at a Vancouver bar and threatening to kill him. Brent Luyster, 32, and his brother Robert Luyster, 31, were both taken intoMore >
SWAT teams arrested three men accused of pointing a loaded gun at a man at a Vancouver bar and threatening to kill him because of his race.More >