Judge Mary Marlowe Sommer ruled Tuesday thatRustproducers cannot crush a subpoena.

Currently only former Rust armorerHannah Gutierrez-Reedis facing charges.

A public announcement will be made whether we decide to refile.

Alec Baldwin

Alec Baldwin, Rust setGetty/AP

No explanation for how live rounds got on the set of Rust has emerged yet.

Representatives for both Baldwin and Reed did not respond to request for comment on todays ruling by Judge Sommer.

If and when they do, we will update this post.

WGA West building in Hollywood

Special prosecutors dropped the charge against Baldwin in April.

Filming onRustwrapped earlier this year in Montana.

A status conference in the case is set for January.

The case is scheduled to go to trial in February.