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Judge rejects Johnny Depp’s request to have Amber Heard’s counter-suit dismissed

Actor Johnny Depp gestures while departing the courtroom during his defamation trial against ex-wife, actor Amber Heard, at the Fairfax County Circuit Courthouse in Fairfax, Virginia, US. Picture: Jim Watson/Pool via Reuters

Actor Johnny Depp gestures while departing the courtroom during his defamation trial against ex-wife, actor Amber Heard, at the Fairfax County Circuit Courthouse in Fairfax, Virginia, US. Picture: Jim Watson/Pool via Reuters

Published May 25, 2022

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A judge has rejected Johnny Depp’s request to have Amber Heard’s counter-suit against him dismissed.

The 58-year-old actor and his legal team tried to have the counter-suit thrown out – but their request has been rejected by judge Penney Azcarate at the court in Fairfax, Virginia.

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Azcarate insisted the decision was not a case of her weighing in on the evidence. Instead, she determined that Heard and her team have met the threshold for their case to continue.

Heard, 36, is counter-suing her ex-husband after Depp sued her for defamation over a 2018 article she wrote about being a victim of domestic abuse.

The judge previously denied Heard’s request to have Depp's case against her dismissed.

Actor Amber Heard speaks to her attorney Elaine Bredehoft during actor and her ex-husband Johnny Depp’s defamation case against her, in the courtroom at the Fairfax County Circuit Courthouse in Fairfax, Virginia, US. Picture: Jim Watson/Pool via Reuters

A spokesperson for the actor said at the time: “Numerous witnesses have testified that Ms Heard engaged in psychological, verbal and physical abuse towards Mr Depp and we are pleased at Chief Judge Azcarate’s ruling to continue with the trial after Mr Rottenborn failed to convince the court that there was reason to dismiss the case.

“We stand confident in the future of the case and for the truth to be continued to be shared.”

Meanwhile, Kate Moss is set to testify in the ongoing defamation case.

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The 48-year-old model dated the Hollywood star between 1994 and 1997, and she’s now poised to take to the stand today, via video link.

Heard previously referenced the model during the ongoing court case, when she discussed an alleged altercation between Depp and Whitney Henriquez, Heard’s sister.

She said: “(Whitney’s) back was to the staircase, and Johnny swings at her. I don’t hesitate, I don’t wait – I just, in my head, instantly think of Kate Moss and stairs.”

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Heard first made the allegation during her testimony in the UK in 2020.

She said: “I remembered information I had heard (that) he pushed a former girlfriend – I believe it was Kate Moss – down the stairs. I had heard this rumour from two people and it was fresh in my mind.”

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