Alec Baldwin's motion to dismiss his involuntary manslaughter charge stemming from the 2021 fatal shooting on the set of "Rust" will go before a New Mexico judge on Friday.
The actor was practicing a cross-draw in a church on the set of the Western film when the Colt .45 revolver fired a live round, fatally striking 42-year-old cinematographer Halyna Hutchins.
Baldwin, 66, who was also a producer on the film, was indicted by a grand jury on involuntary manslaughter in connection with Hutchins' death earlier this year, after prosecutors previously dropped the charge. He has pleaded not guilty and his trial is scheduled to start in July.
A remote hearing on the defense's motion to dismiss the indictment is scheduled for 10 a.m. MT Friday before Judge Mary Marlowe Sommer.
In the filing, his attorneys accused prosecutors of "unethical disparagement" of Baldwin and of "violating nearly every rule in the book" to secure a grand jury indictment.
"The State did not make Baldwin's witnesses available to testify. Nor did it present the exculpatory and favorable evidence to the grand jury," the motion to dismiss stated.
"The State prosecutors have engaged in this misconduct -- and publicly dragged Baldwin through the cesspool created by their improprieties -- without any regard for the fact that serious criminal charges have been hanging over his head for two and a half years. Enough is enough," the motion, filed in March, stated.
In a response filed in April, prosecutors claimed Baldwin missed concerns about the film's armorer, Hannah Gutierrez, and "compromised safety" on the set by demanding the crew and Gutierrez work faster.
"The combination of Hannah Gutierrez's negligence and inexperience and Alec Baldwin's complete lack of concern for the safety of those around him would prove deadly for Halyna Hutchins," prosecutors stated.
Gutierrez, 27, was found guilty of involuntary manslaughter and sentenced in April to 18 months in prison, the maximum, in connection with the October 2021 shooting.
She appealed her conviction earlier this week.
ABC News' Aaron Katersky contributed to this report.