The 70-year-old actor-and-director is being sued by Devyn LaBella, who claimed she was subjected to a "violent, unscripted, unscheduled rape scene" without notice on set in May 2023 while filming Horizon: An American Saga – Chapter 2.
After a judge recently threw out two of her 10 claims, Costner has launched an appeal to get the eight remaining allegations also axed.
According to TMZ, the Bodyguard star's lawyer, Marty Singer, made the file to dismiss on Thursday.
Costner's legal team previously insisted the stuntwoman's lawsuit - which also accused him of sexual discrimination, sexual harassment, creation of a hostile work environment, retaliation, and breach of contract - was a "shakedown".
Singer also branded LaBella a "serial accuser" and added: "Kevin always wants to make sure that everyone is comfortable working on his films and takes safety on set very seriously."
In his original motion to dismiss, documents obtained by the Daily Mail claimed LaBella was happy on set and even sent a grateful text to a supervisor after the shoot wrapped, as well as offering Kevin's own version of what happened during the scene in question.
According to the actor's declaration, the scene was included the script and saw LaBella in "full costume" of bike shorts and ankle-length dress lying next to actor Roger Ivens in a covered wagon.
He insisted the scene only had Ivens lift the hem of LaBella's dress before swinging a leg over her so that he ended up "on all fours over her".
The declaration insisted: "There was no nudity, simulated sex, simulated rape, physical contact, fighting, gyrating, or any physicality other than Devyn's outer dress being pushed from her ankles to her knees.
"While Devyn's outer dress may have bunched up around her knees (there was a lot of fabric), the dress was still below her waist and the pantaloons and petticoats underneath remained undisturbed."
The Yellowstone actor insisted the scene had been blocked ahead of time with the participation of the performer, who "understood what was to happen and consented to help."
In the filing, Costner - who directed, co-wrote, produced and starred in Horizon - included declarations from other members of the cast and crew to support his version of events.
And he alleged LaBella - who was a stunt double for series star Ella Hunt - had texted a supervisor after filming and said: "Thank you for these wonderful weeks! I so appreciate you! I learned so much and thank you again. I'm really happy it worked out the way it did too. Have a great rest of the shoot and yes talk soon!"
The stuntwoman's team first filed the lawsuit against Costner and Horizon producers in May, and weeks later filed an amended complaint including text messages with the movie's intimacy coordinator, and the alleged emotions she felt after the scene.
Court documents stated LaBella was hired as a stunt double and not informed or consented to the added scene, which she alleges caused "permanent trauma".
She also claimed the absence of an intimacy coordinator during filming.
Her suit, filed in Los Angeles County Superior Court, states the scene was not on the call sheet and Ella herself refused to perform it, allegedly walking off set.
She added Costner directed Ivens to perform the assault scene and asked her to stand in without adequate preparation or safeguards.
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