The US judge hearing the defamation suit filed by Pirates of the Caribbean star Johnny Depp against his former wife Amber Heard rejected a defence request on Tuesday to throw the case out.
Lawyers for the Aquaman actress had asked Judge Penney Azcarate to dismiss the suit after Depp's lawyers rested their case in Fairfax County Circuit Court, Virginia.
They said Depp had failed to prove he was defamed by a December 2018 opinion piece published in The Washington Post, in which Heard described herself as a "public figure representing domestic abuse".
"The court should grant the motion to strike because the undisputed evidence is that he did, in fact, abuse Amber," said Heard's lawyer, Ben Rottenborn.
Benjamin Chew, Depp's lead lawyer, said the jury had a wealth of evidence to conclude that Heard falsely accused Depp of abuse.
Mr Chew said the evidence showed that “Ms Heard physically abused him. She’s the abuser”.
Ms Azcarate said the standard for dismissing a case at this point in the trial was exceedingly high, and that the case should be allowed to go ahead if Depp provided even a “scintilla” of evidence backing up his claims.
The trial will continue on Tuesday afternoon with Heard’s team starting to present its witnesses after more than three weeks of testimony from Depp’s witnesses, including four days on the stand by the actor.
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Actor Amber Heard listens in the courtroom at the Fairfax County Circuit Court in Fairfax, Virginia. AP -
Actor Johnny Depp talks to his attorney in the courtroom at the Fairfax County Circuit Court in Fairfax, Virginia. AP -
Actor Johnny Depp walks to a lunch break. AP -
Actor Johnny Depp's notebook and glasses are seen at Fairfax County Circuit Court during his defamation case against ex-wife, actor Amber Heard. Reuters -
Richard Marks, a technical forensics expert, is sworn in before he testifies in the courtroom on Monday. AFP -
Richard Marks, a technical forensics expert, testifies in the courtroom at the Fairfax County Circuit Court in Fairfax, Virginia. EPA -
Judge Penney Azcarate speaks to attorneys in the courtroom. AP -
Actor Johnny Depp walks into the courtroom after a break. AP -
US actress Amber Heard talks to her attorneys in the courtroom at the Fairfax County Circuit Court in Fairfax, Virginia, on May 2, 2022. EPA -
US actress Amber Heard with her attorneys in the courtroom. EPA -
Actor Amber Heard talks to her attorney in the courtroom during a break. AP -
US actor Johnny Depp listens to Jack Whigham, a talent manager for Depp. EPA -
US actor Johnny Depp looks on in the courtroom as his agent testifies. EPA -
Actor Amber Heard and her attorney listen as Jack Whigham, talent manager for Johnny Depp, is seen on a monitor as he testifies remotely. AP -
Jack Whigham, talent manager for Johnny Depp, is sworn in for remote testimony. AP -
Travis McGivern, a security guard for Johnny Depp, is seen on a monitor as he testifies remotely in the courtroom. EPA -
Travis McGivern, a security guard for Johnny Depp, testified that he travelled with him and his ex-wife Amber Heard on several occasion. EPA -
US actress Amber Heard listens as Travis McGivern, security for Johnny Depp, is seen on a monitor as he testifies remotely. AFP -
Judge Penney Azcarate speaks to an attorney in the courtroom during the Johnny Depp-Amber Heard lawsuit. AFP -
Travis McGivern, security for Johnny Depp, is seen on a monitor as he testifies remotely in the courtroom. AFP -
US actress Amber Heard listens to her attorney in the courtroom at the Fairfax County Circuit Court in Fairfax, Virginia. EPA -
US actress Amber Heard hugs a member of her legal team. EPA -
US actor Johnny Depp arrives in the courtroom at the Fairfax County Circuit Court in Fairfax, Virginia on Monday. EPA -
US actress Amber Heard arrives in the courtroom at the Fairfax County Circuit Court in Fairfax, Virginia. EPA -
US actor Johnny Depp waves to spectators in the courtroom at the Fairfax County Circuit Court in Fairfax, Virginia on Monday. EPA -
Ben Chew, the attorney representing US actor Johnny Depp, and Elaine Bredehoft, the attorney representing US actress Amber Heard, speak to Judge Penny Azcarate during the trial at the Fairfax County Circuit Court in Fairfax, Virginia on Monday. AFP
Heard did not name Depp in the Post article, but he sued her for implying he was a domestic abuser and is seeking $50 million in damages.
She counter-sued, asking for $100m and claiming she suffered "rampant physical violence and abuse" at his hands.
Depp has denied ever being physically abusive towards Heard and claimed at the trial that she was the one who was frequently violent.
Among the final witnesses for Depp on Tuesday morning was Erin Falati, a private nurse for Heard.
Ms Falati testified on a recorded deposition that she received photos of Heard with red marks on her face the night of May 21, 2016.
That was the night of a final fight between Depp and Heard that led to her divorce filing a few days later and her May 27 appearance at a Los Angeles courthouse, with red marks on her face, seeking a restraining order.
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This photo was taken at the Los Angeles courthouse the day Heard filed her domestic violence restraining order against Johnny Depp. AP -
Evidence showing pictures of injuries to Heard appear on a screen. EPA -
Actor Johnny Depp is seen laying in a hospital after his finger was injured while he and his ex-wife Amber Heard were in Australia in March 2015. Photo: Johnny Depp Legal Team / Reuters -
Evidence presented by US actress Amber Heard showing a bald spot in her head. AFP -
Evidence showing US actress Amber Heard's hair she testified was pulled out by her ex-husband Johnny Depp. AFP -
Evidence showing pictures of US actress Amber Heard's injuries presented in court. AFP -
Evidence showing pictures of US actress Amber Heard appear on a screen during a defamation trial. AFP -
More evidence showing pictures of US actress Amber Heard. AFP -
Johnny Depp reportedly wrote messages in his own blood to his former wife Amber Heard. EPA -
Pictures of shattered glass presented as evidence by Amber Heard's defence team. EPA -
Photo presented as evidence by Amber Heard's defence team. EPA -
This is a photo of the ping pong table where Amber Heard testified she was sexually assaulted by her former husband Johnny Depp. EPA -
Johnny Depp's scribblings presented as evidence by Amber Heard's defence team. EPA -
Evidence appears on a monitor during the Depp vs Heard defamation trial. EPA -
Evidence appears on a monitor during the Depp vs Heard defamation trial. -
A photo of Johnny Depp that Amber Heard says she took of him whilst he was passed out. EPA -
Communications presented as evidence by Amber Heard's defence team. EPA -
Evidence appears on a monitor in the courtroom during the 50 million US dollar Depp vs Heard defamation trial at the Fairfax County Circuit Court in Fairfax, Virginia, EPA -
More evidence was shared in the courtroom in the US actor Johnny Depp/Amber Heard trial. EPA -
Johnny Depp's emails were submitted as evidence in today's trial. EPA -
An image taken by US actress Amber Heard of her former husband, Johnny Depp, passed out was submitted as trial evidence. EPA -
Johnny Depp testified that these pictures were taken during the period when he had 'fallen off the wagon'. EPA -
Evidence shown in today's proceedings. When asked if he would often drink whisky in the morning, Mr Depp replied: “Isn’t happy hour anytime?” -
US actress Amber Heard reacts as she listens to an audio recording of she and US actor Johhny Depp arguing. AFP -
US actor Johnny Depp testifies during the 50 million US dollar Depp vs Heard defamation trial at the Fairfax County Circuit Court in Fairfax, Virginia. EPA -
US actress Amber Heard during the trial at the Fairfax County Circuit Court in Fairfax, Virginia. EPA -
Images of Amber Heard admitted as evidence. AP -
Images of Amber Heard admitted as evidence. AP -
Images of Amber Heard admitted as evidence. AP
Depp has said she faked the bruises, and presented testimony from police officers who did not see marks on her face when authorities were called the night of the fight.
But the photos texted to Ms Falati, which were seen by the jury, could contradict the officers’ perception.
Heard is expected to take the witness stand this week.
Depp filed the defamation complaint in the US after losing a separate libel case in London in November 2020, which he brought against The Sun for calling him a "wife-beater".
Agencies contributed to this report
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A scene from 'The Rum Diary', the film where Johnny Depp and Amber Heard met in 2011. Photo: FilmDistrict -
A scene from 'The Rum Diary', the film set where Johnny Depp and Amber Heard met in 2011. Photo: FilmDistrict -
A scene from 'The Rum Diary', the film set where Johnny Depp and Amber Heard met in 2011. Photo: FilmDistrict -
Aaron Eckhart and Amber Heard star in 'The Rum Diary', an adaptation of the book by Hunter S Thompson. -
Johnny Depp in The Rum Diary.
