Amber Heard, 36, filed a motion for a retrial earlier this month after a jury ruled in favour of her ex-husband Johnny Depp, 59, during his defamation case against the Aquaman actress. Lawyers representing Heard filed the court documents on the grounds that the verdict she had defamed DePp was not supported by evidence, but their request has since been denied by Judge Penny Azcarate, according to reports.
Amber’s lawyers asked the judge to set aside the verdict on multiple grounds, including an apparent case of mistaken identity with one of the jurors.
In the lengthy 43-page memorandum, Amber’s lawyers argued that the verdict should be thrown away on the grounds that during the trial, Johnny “proceeded solely on a defamation by implication theory, abandoning any claims that Heard’s statements were actually false”.
Mr Depp’s legal team responded to the motion as “outlandish” in court documents released on Monday.
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However, in documents obtained by the MailOnline, the Judge Penny Azcarate denied all of Heard’s post-trial requests on Wednesday.
In a statement to Courthouse News, Depp’s lead attorney Ben Chow responded to the motion saying: “What we expected, just longer, no more substantive”.
It comes after Depp’s legal representatives also filed court documents on Monday requesting the judge reject his ex-wife’s motion.
Ms Heard has also repeatedly admitted that she is unable to pay the $10.35 million in damages she owes to her ex-husband.
One of the actress’ appeals was based on Juror 15 who was written to be a 77-year-old man, but a 52-year-old man, who shared the same last name and address, was improperly seated for the six-week trial.
“Virginia law is clear that a verdict is not to be set aside unless it is ‘plainly wrong or without evidence to support it.’ Va. Code § 8.01-680.
“Here, the verdict was well supported by the overwhelming evidence, consistent with the law, and should not be set aside. Mr. Depp respectfully submits that the Court should deny Ms. Heard’s Post-Trial Motions, which verge into the frivolous.
They concluded the statement: “For all the reasons set forth above, Mr. Depp respectfully requests that this Court deny Ms. Heard’s frivolous Motion in its entirety and reject her outlandish requests to set aside the jury verdict, dismiss the Complaint, or, in the alternative, order a new trial, and investigate Juror 15.”
The Hollywood actor was awarded $10.35 million in damages from his ex-wife, while she was awarded $2 million in damages from him.