Johnny Depp's lawyers say Amber Heard's mistrial appeal is 'irrelevant'

Heard is asking for the $10 million defamation compensation to be set aside

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  Amber Heard said last month that she stands by 'every word' of her testimony in her defamation trial, in which she was sued by former husband Johnny Depp. AFP

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  NBC journalist Savannah Guthrie interviewed Heard in June following the trial's conclusion. She revealed how her husband Michael Feldman consulted with Depp's legal team. Photo: NBC News

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  Heard says she doesn’t blame the jury for awarding Depp more than $15 million after a contentious six-week libel trial — it was later reduced to $10m. AP

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  Heard reacts with her lawyer Elaine Bredehoft after the verdict was read at the Fairfax County Circuit Courthouse, Virginia, US, in June. AP

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  Depp was in Newcastle, England, with musician Jeff Beck when the verdict was read. AP

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  Heard leaves after the jury's verdict. EPA

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  Heard and Depp prior to their wedding. The marriage lasted less than two years. AP

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  Heard in a scene from 'London Fields'. Photo: GVN Releasing

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  After losing his lawsuit against British tabloid 'The Sun', Depp said he planned to appeal the UK libel ruling, but then decided to sue his ex-wife in the US. AP

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  Heard speaking at the 4th Annual Women's March LA: Women Rising in Los Angeles in January 2020. Getty Images / AFP

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  Heard leaving the High Court in London in July 2020. Reuters

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  A video of Depp plays on a screen before Paul McCartney's performance on the Pyramid Stage at Glastonbury Festival in June. EPA

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  After speaking out about domestic abuse, Amber Heard feared she would lose her roles in the movies 'Justice League' and 'Aquaman', the latter of which she starred in opposite Jason Momoa. Photo: DC Entertainment

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  Depp gestures as he arrives at the Parco della Musica venue for the 19th edition of "Alice nella Citta" in Rome, Italy. AFP

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  Heard wearing an outfit from Monique Lhuillier at the Golden Globes in 2019. Reuters

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  Heard arrives on the red carpet for a Golden Globes ceremony. AFP

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  Heard watches the men's semi-final match at Wimbledon in 2018. EPA

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  Since the trial, Depp has been playing guitar on stage in front of fans. AP

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  Heard at the Film Independent Spirit Awards in Santa Monica, California, in 2020. Reuters

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  Heard attends the Manus x Machina: Fashion In An Age Of Technology Costume Institute Gala at Metropolitan Museum of Art in New York in 2016. Getty Images

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  Heard wears a creation for the L'Oreal Spring/Summer 2022 fashion show presented in Paris, France, in 2021. AP

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  Aishwarya Rai Bachchan, Helen Mirren and Heard in Paris, France. AP

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  After Depp filed a lawsuit against her, Heard testified she lost her contract with L'Oreal. AFP

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  Depp inside the courtroom in April at the beginning of the trial. AP

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  Heard is styled backstage during Paris Fashion Week in 2021. Getty Images

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  Depp performs on stage at the Helsinki Blues Festival in June. EPA

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  British rock guitarist Jeff Beck and Depp perform on stage at the Helsinki Blues Festival. EPA

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  Depp waves to supporters as he departs the Fairfax County Courthouse after closing arguments. He never returned for the reading of the verdict. AP

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  Depp received the Gold Medal of Merit on the occasion of Serbia's Statehood Day in Belgrade, Serbia, in February. Reuters

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  Depp and Heard's former penthouse sits on top of Downtown Los Angeles’s famed Eastern Columbia Building and was recently put up for sale. Photo: Douglas Elliman Realty

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  There is a saltwater pool on the rooftop. Photo: Douglas Elliman Realty

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  There is an additional lounge area on the staircase landing. Photo: Douglas Elliman Realty

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  The apartment measures 1,780 square feet. Photo: Douglas Elliman Realty

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  The penthouse apartment has one bedroom. Photo: Douglas Elliman Realty

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  The kitchen and lounge area. Photo: Douglas Elliman Realty

Johnny Depp's legal team has hit back after ex-wife Amber Heard appealed to have his $10 million defamation compensation overturned.

In court papers filed on Monday, Depp’s lawyers dispute arguments from Heard’s team that the jury’s verdict was "excessive" and "improperly" reached. They also say complaints about the juror’s identity are irrelevant — last week, Heard's team contested the actual seated juror was not the same person listed on the jury panel.

The verdict in favour of Depp was "well-supported by the overwhelming evidence (and) consistent with the law" and the appeals "verge into the frivolous", his lawyers said.

Last month, a civil jury in Virginia, US, awarded $10.35m in damages to Depp after they found he was defamed by Heard when she wrote a 2018 op-ed piece in The Washington Post about domestic violence.

The jury also awarded $2m to Heard on her counterclaim that she was defamed by one of Depp’s attorneys after he called her allegations a hoax.

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  Actor Amber Heard talks to her lawyers before the hearing starts in the courtroom in April. Reuters

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  US actor Johnny Depp takes a seat to give evidence in the courtroom in Fairfax, Virginia, in April. EPA

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  Depp was subjected to a gruelling cross-examination. AP

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  Heard's lawyers told the court of Depp's history of trashing hotel rooms, and one time when he smashed a bathroom sconce during an argument with his former wife. Reuters

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  Heard sheds tears as she listens to a recorded message her former husband had left her, played to the courtroom. EPA

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  Depp denied that he ever abused Heard and sued her for libel. AFP

Heard’s lawyers filed motions earlier this month asking the judge to throw out the verdicts on a variety of legal theories.

Heard’s lead lawyer Elaine Bredehoft also filed a supplement to a post-trial motion requesting a mistrial. According to that filing, first reported by Deadline, Bredehoft contested the actual seated juror was not the same person listed on the jury panel.

“As the court no doubt agrees, it is deeply troubling for an individual not summoned for jury duty nonetheless to appear for jury duty and serve on a jury, especially in a case such as this,” the filing said.

In April, one jury summons was sent to a Virginia address, but someone else at the residence having the same last name appeared before the court, Heard’s lawyer argued. The juror seated for the trial was born in 1945 and another legal resident at that address was born in 1970.

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  A mutual friend said that Johnny Depp and his wife Amber Heard were very in love yet often 'vicious' towards one another.

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  Johnny Depp leaves court after jury selection in his $50 million defamation lawsuit against former wife Heard. EPA

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  US actress Amber Heard leaves the Fairfax County Circuit Court in Virginia on April 11. AFP

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  Depp filed a defamation lawsuit against Amber Heard, after she wrote an opinion piece in 'The Washington Post' in 2018 that, without naming him, accused him of domestic abuse. Reuters

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  Jury selection began on April 11 in the defamation case involving allegations of spousal abuse between Depp and Heard. AFP

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  Depp fan David Laman holds a poster outside the Fairfax County Circuit Courthouse as jury selection progressed. Reuters

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  Tiffany Lunn, a supporter of Depp, outside the court in Fairfax, Virginia. AP

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  Johnny Depp fans at the courthouse. AP

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  The defamation case brought by Depp against former wife Heard is expected to last between five and six week. Reuters

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  Depp leaves the High Court in London, England, on July 22, 2020, during the libel case there. Reuters

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  Heard arrives at the High Court in London. Reuters

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  Depp and Heard at the 72nd Venice Film Festival in northern Italy, 2015. Reuters

On Monday, Depp’s lawyers filed their response.

They argue there was nothing inconsistent in the fact the jury awarded judgments in favour of both Depp and Heard. They said the jury verdict form allowed jurors to be very specific about which statements were libellous and the verdict makes sense when you look at the specific statements cited by the jury.

As for the confusion over the juror’s identity, Depp’s lawyers say it’s too late for Heard’s team to object. According to court papers, a summons went out to a 77-year-old man. But the man who responded in his place was his 52-year-old son, who has the same name and lives at the same address.

Depp’s lawyers argue if Heard’s team had concerns, they should have spoken up at the time because it was apparent that the man who served was not 77 years old, even though court paperwork described him as such.

"Though understandably displeased with the outcome of trial, Ms Heard has identified no legitimate basis to set aside in any respect the jury's decision," they said.

"Virginia law is clear that a verdict is not to be set aside unless it is 'plainly wrong or without evidence to support it'. Mr Depp respectfully submits that the court should deny Ms Heard's post-trial motions, which verge into the frivolous."

Judge Penney Azcarate has not yet indicated if she plans to hold a hearing to hear arguments on the motions to set aside the verdict.

The verdict in Virginia came two years after a similar trial in the UK in which Depp sued a British tabloid after he was described as a “wife beater.” The judge in that case ruled in the newspaper’s favour after finding Heard was telling the truth in her descriptions of abuse.

Jurors in the Virginia case were not told the judge in the British case had ruled against Depp.

— Additional reporting by AP and PA News

Johnny Depp and Amber Heard's old LA home goes on sale for $1.76 million — in pictures

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  The penthouse sits on top of the famed Eastern Columbia Building in Downtown Los Angeles. Photo: Douglas Elliman Realty

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  The apartment has one bedroom. Photo: Douglas Elliman Realty

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  There is a saltwater pool on the rooftop. Photo: Douglas Elliman Realty

• 

  There is an additional lounge area on the landing. Photo: Douglas Elliman Realty

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  The apartment measures 1,780 square feet. Photo: Douglas Elliman Realty

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  The kitchen and lounge area. Photo: Douglas Elliman Realty

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  Johnny Depp and Amber Heard are said to have “spent a good amount of time" in the apartment. Reuters, AFP