Johnny Depp's Lawyers Challenge Amber Heard's Request For Mistrial Over Alleged Juror Mix-Up

Johnny Depp's legal team argued that Amber Heard's request for a mistrial should be denied.

Last month, a Virginia jury awarded the 59-year-old actor over $10 million in damages after finding that Heard defamed him in a 2018 op-ed. The actress won one of her three defamation countersuit claims and was awarded $2 million in damages.

On Monday, Depp's legal team filed a motion opposing Heard's attorneys' call for a mistrial over an alleged juror mix-up and their request for the verdict to be thrown out altogether, citing insufficient evidence.

In their filing, the "Pirates of the Caribbean" actor's lawyers said that Heard has not shown that she suffered any prejudice due to the error, and that she waived her right to object by not raising the issue sooner, Variety reported.

"Unsurprisingly, Ms. Heard cites to no case law to support her argument that the service of Juror 15 if he is not the same individual that the Court assigned as Juror 15 somehow compromised her due process and would warrant the drastic remedy of 'setting aside the verdict and ordering a new trial,'" Depp's lawyers wrote. "Ms. Heard makes no showing of any prejudice, and accordingly her speculative arguments fail."

Depp's legal counsel also argued against Heard's claim that the jury's verdict was not supported by sufficient evidence. His lawyers pointed to the evidence they had presented showing that Depp lost out on a sixth "Pirates of the Caribbean" film in the wake of Heard's op-ed.

"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," the documents read. "... 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."

"The court should reject Ms. Heard's baseless contention that the damages award was excessive and [not] supported by evidence," Depp's lawyers added.

Heard's lawyers claimed in a filing in Circuit Court of Fairfax County Friday that the actress was entitled to a mistrial "based on newly discovered facts and information that one of the jurors present for the entire trial was not the one actually summoned for jury duty."

According to the documents, the person summoned was 77 years old at the time, but a 52-year-old with the same last name and address instead showed up and was seated for the proceedings.

Heard's lawyers said she was not given the proper "due process," so she requested a mistrial "and a new trial ordered."

The request came a week after Heard's attorneys asked for the verdict to be tossed, arguing that Depp "proceeded solely on a defamation by implication theory, abandoning any claims that Ms. Heard's statements were actually false."

Depp's lead attorney previously dismissed Heard's lawyers' motion to overturn the verdict, saying in a statement to Courthouse News that it was "what we expected, just longer, no more substantive."

]]