Lawyers for the ‘Aquaman’ actress, 36, filed a motion on Friday (01.07.22) on the grounds the verdict that she had defamed ‘Pirates of the Caribbean’ actor Depp, 59, was unsupported by evidence.
Her team also alleged a juror had not been properly vetted and questioned whether they were supposed to have been allowed on the jury.
Their 43-page memorandum also argues the $10 million (£8.3 million) in damages Heard owes Depp should also be overturned.
It says the trial “proceeded solely on a defamation by implication theory, abandoning any claims that Ms. Heard’s statements were actually false”.
Depp’s lead attorney Benjamin Chew responded to the motion by telling Courthouse News: “What we expected, just longer, no more substantive.”
The motion says about the jury member in question – identified as Juror 15 – was “clearly born later” than the 1945 birth year listed on court records.
It adds: “This discrepancy raises the question whether Juror 15 actually received a summons for jury duty and was properly vetted by the court to serve on the jury. It appears his identity could not have been verified.”
Judge Penney Azcarate has said she does not want the Depp v Heard case to case to go on as it stands and has dismissed requests from the actress’ team for more hearings.
While both actors were found to have defamed each other in the June verdict, Depp was awarded $10.35 million (£8.6 million) in damages from Heard, while she got only $2 million (£1.6 million) in damages from her ex-husband – leaving her owing Depp $8.35 million (£6.9 million), which she says she cannot afford.
