THE city of Minneapolis and a former police officer who shot and killed Australian woman Justine Ruszczyk Damond want to put a $US50 million ($A70 million) civil rights lawsuit on hold while a criminal case is pending.

In court documents filed in advance of a hearing tomorrow, lawyers for Mohamed Noor wrote that the civil case should be delayed in the “interests of justice” so Mr Noor can fairly defend himself in both court matters.

Damond’s family disagrees, saying they deserve answers and that the cases should proceed at the same time.

Mr Noor is charged with murder and manslaughter in the July 15, 2017, shooting of Damond.

The 40-year-old life coach was shot by Mr Noor after she called 911 to report a possible sexual assault in an alley behind her home.

Mr Noor has not spoken to investigators, invoking his constitutional right against self-incrimination.

He has since been fired and no trial date has been set.

Mr Noor has not formally entered a plea, but his criminal defence lawyer indicated in April that Mr Noor intends to plead not guilty.

In July, Damond’s father, John Ruszczyk, sued Mr Noor, his partner, the city and the current and former police chief, alleging Damond’s rights were violated.

He also accused officers of conspiring to cover up facts surrounding the shooting, and of making a conscious decision not to activate body cameras.

Lawyers for Mr Noor say the criminal and civil cases are intertwined, and that Mr Noor can’t invoke his constitutional rights in his criminal trial while defending the civil claims.

“If this case is not stayed, Noor will be forced to either claim his fifth amendment privilege and risk that decision being used against him in this case, or to vigorously defend this case and risk the prosecution using Noor’s defence to pursue the criminal case,” lawyer Matt Forsgren wrote.

Robert Bennett, a lawyer for Mr Ruszczyk, argued against delaying the civil proceedings.

He said in court filings that he would be willing to agree to a protective order or other controls to ensure that Mr Noor’s fifth amendment assertions would have no effect on the criminal prosecution or defence.

The shooting of Damond, a dual Australian-US citizen who had been living in Minnesota for more than two years, drew international attention, cost the police chief her job and forced major revisions to the department’s policy on body cameras.