Ripple Disputes SEC Last-Minute Witness as Judge Gets Strict

A judge sets a critical schedule for a motion filed by Ripple in their ongoing legal battle with the SEC.

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  • Ripple has filed a critical motion that threatens to exclude new evidence from the SEC’s case.
  • The judge has set a tight timeline for resolving this dispute, which could potentially impact the entire lawsuit.
  • XRP holders view the judge’s appointment as a glimmer of hope.

The legal battle between the SEC and Ripple Labs, a major player in the cryptocurrency industry, has taken a dramatic turn with Judge Sarah Netburn stepping in to set a critical schedule for a motion filed by Ripple. This move injects fresh suspense into a case with far-reaching consequences for the entire crypto space.

What’s the Motion About?

At the heart of the current dispute is Ripple’s objection to the SEC introducing new expert evidence at this late stage in the proceedings. This evidence comes from a previously undisclosed witness, Andrea Fox, and Ripple argues it’s unfair for the SEC to withhold such crucial information until now.  


This tactic, known as “sandbagging,” can significantly disrupt the flow of a case by forcing the other party to scramble to address new arguments and evidence. Judge Netburn’s recent order establishes clear deadlines for both parties to respond to the motion, expediting a resolution to this contentious issue.

The recent order by Judge Netburn lays out a tight schedule for the SEC’s response to Ripple’s motion to strike the new expert evidence. This expedited timeline suggests the judge may be aiming for a swift resolution on this critical motion, which could have a significant impact on the trajectory of the entire case. 

According to a post by James K. Filan, a popular commentator on the case, the SEC has until April 29, 2024, to file its response. Following this, Ripple has three business days to file a reply. This brief window for submissions indicates that the court may be looking to issue a decision on the motion in the near future. 

Ripple Fights Back Against $2 Billion SEC Penalty

This development follows Ripple’s strong opposition to the SEC’s hefty $2 billion penalty request. The SEC alleges Ripple violated securities laws by selling XRP, a digital asset, without proper registration. 


Ripple vehemently denies these accusations, arguing the SEC hasn’t presented enough evidence to prove XRP is a security and that Ripple Labs recklessly disregarded the law. The outcome of this billion-dollar brawl could hinge on the court’s decision regarding the validity of the SEC’s new evidence.

A Glimmer of Hope for XRP Holders?

News of Judge Netburn’s potential appointment to a permanent judgeship has injected a dose of cautious optimism among XRP holders. Her past rulings are seen as balanced and fair, leading pro-XRP lawyer Bill Morgan to voice his belief that she will preside over the case with an even hand. 

This sentiment is echoed by many in the XRP community, who view Judge Netburn’s potential promotion as a positive development. However, the case is far from settled. The upcoming decision on Ripple’s motion to remove the new witness’s testimony and the final judgment on the SEC’s claims are both critical junctures. 

A decision in Ripple’s favor on the motion could significantly weaken the SEC’s case. Conversely, a ruling allowing the SEC’s new evidence could complicate Ripple’s defense. The final judgment on the SEC’s claims will ultimately determine the fate of the lawsuit and the future of XRP.

A win for the SEC could set a strict regulatory precedent, making it more difficult for companies to develop and sell digital assets. On the other hand, a win for Ripple could provide much-needed clarity on how existing regulations apply to cryptocurrencies, paving the way for further innovation.

On the Flipside

  • While a swift resolution might seem fair, it could limit Ripple’s ability to effectively counter the new evidence.
  • While seen positively by XRP holders, Judge Netburn’s final ruling on the case remains unpredictable.

Why This Matters

The judge’s decision on Ripple’s motion to strike the SEC’s new evidence could significantly impact the entire case. A ruling for Ripple weakens the SEC’s argument and potentially sets a more crypto-friendly precedent, while a decision for the SEC could create stricter regulations hindering future innovation in the industry.

If you liked this article about the legal battle between Ripple and the SEC, check out this one to see how this lawsuit could impact the entire cryptocurrency industry:
How Ripple Plans to Reduce SEC’s $2B Fine by 99.5%

Curious about the future price of XRP? This article explores analysts’ predictions, including a potential surge to $4 by September:
XRP to Reach $4, Analysts Believe: Will It Overcome SEC First?

This article is for information purposes only and should not be considered trading or investment advice. Nothing herein shall be construed as financial, legal, or tax advice. Trading forex, cryptocurrencies, and CFDs pose a considerable risk of loss.

Kyle Calvert

Kyle Calvert is a cryptocurrency news reporter for DailyCoin, specializing in Ripple, stablecoins, as well as price and market analysis news. Before his current role, Kyle worked as a student researcher in the cryptocurrency industry, gaining an understanding of how digital currencies work, their potential uses, and their impact on the economy and society. He completed his Masters and Honors degrees in Blockchain Technology within Esports and Business and Event management within Esports at Staffordshire University.