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updated 11/25/2008 9:49:25 PM ET 2008-11-26T02:49:25

A judge says Mel Gibson must answer questions about planning and filming “The Passion of the Christ” in response to a screenwriter’s lawsuit.

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Los Angeles Superior Court Judge Gregory Alarcon on Tuesday ordered Gibson to appear for a deposition by mid-January.

Screenwriter Benedict Fitzgerald claims he was underpaid for his work on “Passion.”

His attorneys say Gibson spent tens of thousands of dollars on his children’s education while filming in Italy and paid a chiropractor $78,000. They contend those expenses lowered payments to Fitzgerald.

Gibson’s attorneys want to keep their client from having to answer questions about the blockbuster film.

Gibbon’s lawyer didn’t return an after-hours phone message.

© 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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