Amber Heard’s legal battle with Johnny Depp is seemingly far from over as her lawyers persist in their efforts to have the case re-heard.
Lawyers for Amber Heard have intensified calls for her defamation case to be heard in a new trial following their discovery of new “facts and information”.
Johnny Depp and Heard’s sensational court showdown came to a close last month when the jury ruled in favour of the Pirates of the Caribbean star.
Heard was ordered to pay Depp $US10 million ($A14 million) in defamation compensatory damages and $US5 million ($A7m) in punitive damages after the jury decided she “acted with actual malice”.
Fairfax County Circuit Court Judge Penney Azcarate reduced the punitive damages the jury awarded Depp $US350,000 ($A487,000), the state’s statutory cap, making his total damages $US10.4 million ($A14.49m).
The jury did agree with one aspect of Heard’s claim — that she was defamed by Depp’s lawyer — and awarded her $US2 million ($A2.78m) in compensation and $0 in punitive fees.
Heard’s lawyers have since encountered what they claim was evidence of “improper juror service” and have called on the multimillion-dollar case to be re-trialed.
Documents filed by Heard’s legal team Friday (local time) said due to “newly discovered facts and information” being uncovered about an individual juror, a mistrial should be declared,PA Media reported.
The claim was in reference to an individual that was summoned to serve as a juror but was replaced before the trial commenced.
“Juror No 15 was not the individual summoned for jury duty on April 11, 2022, and therefore was not part of the jury panel and could not have properly served on the jury at this trial,” the documents, seen by the publication, read.
“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.
“This was a high-profile case, where the fact and date of the jury trial were highly publicised prior to and after the issuance of the juror summonses.”
The legal team argued Heard had the right “to rely on basic protection … that the jurors in this trial would be individuals who were actually summoned for jury duty”.
For this reason, the process was compromised, the lawyers said.
“Under these circumstances, a mistrial should be declared, and a new trial ordered,” they wrote.
“For all the reasons set forth above and in the initial memorandum, Ms Heard respectfully requests this court declare a mistrial due to improper juror service in violation of her due process rights, and order a new trial, and such other action or relief as may be appropriate.”
Her legal team previously filed claims the decision reached on June 1 failed to properly consider the evidence presented throughout the six-week trial.
The defamation trial, which began on April 11, saw both parties level explosive accusations against each other as they testified about their tumultuous relationship.
Heard was sued by Depp for $US50 million ($A67 million) over a Washington Post op-ed she wrote in 2018 which implied he abused her. Although she did not name him, he claimed her allegations were false and cost him lucrative movie roles. Heard countersued for $US100 million ($A134 million), claiming she suffered “rampant physical violence and abuse” at her ex-husband’s hands.
After meeting on the set of The Rum Diaries, Depp, 58, and Heard, 36, began dating in early 2012, before tying the knot in a private ceremony in 2015.
Originally published as Amber Heard demands new trial after lawyers find evidence of ‘improper juror service’
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