Amber Heard appeals ‘chilling’ defeat to Johnny Depp

Amber Heard filed a 68-page demand for a do-over of her $10m trial loss to Johnny Depp, which she claims puts women at risk of abuse by “powerful men”.

Amber Heard and Johnny Depp are heading toward a sequel to their defamation trial blockbuster with an appeal to the $US10.35m ($A15) ruling.

The 68-page brief filed in the Court of Appeals of Virginia outlines the legal grounds being claimed by Ms Heard for the appeal, citing the First Amendment’s right to free speech and the ruling’s “chilling effect” on women.

Mr Depp previously filed an appeal to the $US2m awarded to Ms Heard as part of her countersuit claim, putting the Hollywood stars on a course for another protracted legal battle.

Amber Heard as she testifies in the courtroom. Picture: AFP

Jay Ward Brown and David L. Axelrod wrote in the brief, filed on November 23 and made public this week by Deadline, that the court improperly prevented the jury from considering several instances in which Ms Heard reported Mr Depp’s abuse to a medical professional.

“If not reversed, the trial court’s exclusion of contemporaneous reports of domestic abuse to medical professionals will make it more difficult for other abuse victims to prove allegations of abuse, and likely deter them from coming forward,” they wrote.

The appeal brief continued that the court incorrectly overruled Ms Heard’s argument that her statements were opinion and were “not reasonably capable” of being defamatory.

“That holding, if allowed to stand, undoubtedly will have a chilling effect on other women who wish to speak about abuse involving powerful men,” the brief said.

The 36-year-old Rum Diaries actress claims the trial was unfair as the court did not allow therapy notes to be considered as evidence.

Johnny Depp performs on stage with Jeff Beck after his defamation win against Amber Heard. Picture: AFP

Her lawyers also claimed the trial was “severely prejudiced” by the court’s refusal to include the results of a similar defamation trial in the UK into evidence.

They added the court made an error in allowing Ms Heard’s “irrelevant” pledge to donate money, and her history of domestic violence, into evidence.

Mr Depp was awarded $10m compensatory damages plus $5m in punitive damages, capped to the legal limit of $10.35m.

Ms Heard’s lawyers said even if the court rejects the appeal, the damages awarded by the jury “clearly is excessive given the narrow timeframe for which Depp could recover”.

Ms Heard’s legal team argued that the trial should never have gone ahead in the US state of Virginia over their home state of California.

“The trial court erroneously refused to dismiss this action on the ground of forum non-conveniens, based on its mistaken conclusion that Depp’s claims arose in Virginia because the Washington Post’s servers are located here,” the document said.

Ms Heard published her claims of domestic abuse in The Washington Post in 2018. While she didn’t name Mr Depp specifically, the court found he was the person she claimed abused her.

Originally published as Amber Heard appeals ‘chilling’ defeat to Johnny Depp