Amber Heard's Request for Retrial 'Outlandish'—Depp Lawyers

Johnny Depp's lawyers have branded Amber Heard's request for a retrial as "outlandish" and said that the actress had previously waived her right for a retrial in her defamation case against her ex-husband.

The Aquaman star's legal team said that her due process was violated and called on the judge to declare a mistrial after they claimed that one of the jurors was not actually the person summoned to be on the jury.

In response, Depp's team submitted a 36-page memorandum to the court arguing that everything about the trial was legitimate.

Both parties were found liable for defamation in their lawsuits against each other in June in the high-profile, six-week-long trial that captured the internet's attention. The jury awarded Depp $15 million in damages and $2 million to Heard.

Johnny Depp, Amber Heard
Johnny Depp and Amber Heard in court. Depp’s lawyers have branded Heard’s request for a re-trial as “outlandish." Getty Images

Heard's attorneys have now filed court documents claiming that someone who had been originally summoned to serve as a juror in the trial had not appeared and was replaced by someone else.

Juror 15 was apparently born in 1970, but the jury summons was for someone of the same last name born in 1945, court documents filed by Heard's team on July 8 said. According to the filing, this meant that the person "was not part of the jury panel and could not have properly served" in the trial.

The documents filed in the circuit court in Fairfax, Virginia, said that "due process was therefore compromised" and as such "a mistrial should be declared, and a new trial ordered."

In their memorandum, Depp's lawyers called the questions regarding Juror 15 as "pure speculation."

"​​Ms. Heard's desperate, after-the-fact demand for an investigation of Juror 15 based on a purported error in his birth date is...misplaced...Moreover, Ms. Heard's argument is based on pure speculation," the filing read.

In the conclusion, Depp's lawyers at Brown Rudnick LLP wrote: "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."

In the filing, Depp's lawyers also state that Heard "waived her right" for a re-trial by not flagging her concerns about Juror 15 earlier.

"As a threshold matter, Ms. Heard waived her right to challenge the accuracy of the information listed in the jury panel by failing to raise this objection contemporaneously," the memo reads.

Read the full memorandum here.

The actress was reportedly presented with a list of potential jurors, "five days before the jury was impaneled and reportedly had "ample time to verify the accuracy of the information contained therein."

In their own court filing, Heard's team said that it was "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."