Mr Baron Cohen reprises the antisemitic Kazakh journalist role in an upcoming sequel, set to be released on 23 October, that ridicules American politics.
Trailers released recently show Borat and his daughter, Sandra Jessica Parker Sagdiyev, travelling across the United States, including gatecrashing a CPAC meeting during Vice President Mike Pence’s speech.
According to the Atlanta Journal-Constitution, Ms Evans’ attorney Adam Hoipkemier declined to say whether she had signed a release form for the free use of the footage.
Mr Hoipkemier claimed he knew that the footage would be included in the final cut. The suit calls for the removal of the footage and damages of less than $75,000 (£58,000).