As we’ve been hearing throughout the week, Amber Heard is going to court tomorrow come hell or high water. I keep hoping that Amber and Johnny Depp will reach some out-of-court settlement agreement, but sources insist that Amber wants her day in court after everything Depp has put her through. Amber will testify under oath about the abuse. Two of her friends will be testifying as well: iO Tillet Wright and Raquel Rose Pennington, both of whom witnessed Depp abusing Heard. Now People Mag reports that Depp’s lawyers are trying to keep Wright and Pennington from testifying.
Johnny Depp’s legal team is seeking to keep witnesses from taking the stand at Friday’s restraining-order hearing, claiming that Amber Heard’s lawyers violated procedural protocol by failing to provide a witness list beforehand. In court documents obtained by PEOPLE, Depp’s lawyers filed a motion Monday requesting “that the Court refuse to receive live testimony from Amber’s non-party witnesses.”
“Petitioner Amber Laura Depp did not serve any witness list with her Request for Domestic Violence Restraining Order. Indeed, as of the date hereof, Amber has not served any witness list,” the petition states, adding that at a June 10 hearing, “the Court asked Amber lawyers whether she would be calling any witnesses. While Amber’s counsel said she would – ‘four or five witnesses’ – even then she did not identify who her non-party witnesses are.”
In court filings, Heard’s legal team provided declarations from iO Wright, a friend of Heard’s who claims to have received a phone call from Heard during an alleged May 21 altercation with Depp, and Raquel Pennington, a neighbor who allegedly rushed to Heard’s aid on that date when the actress texted her to intervene.
The petition also claims that Heard “has engineered the matter to make herself and her witnesses unavailable to answer questions under oath in advance of the June 17 hearing.” Depp’s attorneys are also requesting that all declarations previously provided by Heard’s witnesses “be stricken and not considered by the Court because they are inadmissible hearsay.”
On Friday, a judge denied Depp’s legal team’s request to depose Heard and neighbor Raquel Pennington, ruling that the original notice of deposition failed to give Heard the required 10-day notice.
I know several lawyers comment on this forum and I would be very interested to hear if Depp’s lawyers have a legitimate point or if this is just fuzzy legal-ish wrangling and positioning. Like, this is a hearing for a restraining order, scheduled just a handful of weeks after the temporary restraining order was granted, and Depp’s lawyers are acting like it’s the finalization of the divorce settlement after months of negotiation. Besides, it seems like Amber’s team informed the court about her witnesses weeks ago? I really don’t understand what’s happening here. Help!
Here are some photos of Amber leaving Palihouse in West Hollywood yesterday.
Photos courtesy of Fame/Flynet.
Lawyers doing their job.
Exactly.
+1
+2
Yep. I’m interested in the Celebitchy legal eagles’ opinions on whether or not his lawyers have a point here.
Family law paralegal here (Texas)
No, they don’t. Unless it’s a final hearing and discovery has been conducted (each side gets 30 days for that process, then your final hearing has to be set 30+ days out from your discovery deadlines), then no, you are not obligated to produce a list of witnesses for the other side. ETA: The temporary orders stage (at least in my state) is a free for all.
“the Court asked Amber lawyers whether she would be calling any witnesses. While Amber’s counsel said she would – ‘four or five witnesses’
What’s the problem here? The court was aware that she would be deposing witnesses for testimony. If the situation is properly represented by this statement, I have no doubt a judge would have plainly instructed what was required of both sides.
Depp’s people are reaching here, in my opinion.
You are supposed to provide a list of names to opposing counsel.
Hi Lilacflowers,
I didn’t express my thoughts clearly, I think. I was trying to imply that if all attorneys were instructed at the same time, that compliance would naturally occur. It is difficult for me to believe that Amber’s legal team would push this far ahead in proceedings and then make such a grievous error.
I feel as though Depp’s side is likely misrepresenting and wrangling for any opportunity to delay testimony.
Could they make false (or incomplete/suggestive) claims to alter the course?
@NotsoSocial–you’d think attorneys would comply with requests from opposing counsel and the Court but the reality is… they don’t. Amber’s attorneys should have provided a list of names they were bringing to court, not just say 4 or 5 witnesses.
Plus I have to put this out there.. io Tillet Wright did not witness Depp attack Amber.. she was on the phone with them that night, she heard Amber scream. That is all she can basically testify too and possibly to seeing bruises on Amber in the past but she cannot get on the stand and say I saw Depp abuse Amber, because she did not.
Did her friend, Rachel, witness Depp throw the phone at her, pull her hair and break stuff in the apartment? or did she hear it? This matters too.. I am sure it will come out at the hearing tomorrow. Hopefully.
And yes, it does matter. There’s a reason why hearsay evidence is rarely allowed in court.
@NotSoSocialButterfly – I had the same thought.
Also, why would the judge ask about witnesses on June 10 if Heard were required to serve a witness list at the same time as her request for DVRO?
Noname- yes, but iO has said that she witnessed the aftermath of other abuse & was aware of that happening in their relationship. She lived with them too. I think she had good reason, based on the past, to believe what she thought was happening over the phone was. This hearing is not a criminal hearing but the judge ordering on a restraining order. Is there reasonable evidence that he is a threat Amber? Yes & I think both witnesses help that.
Rarely, rarely, rarely do domestic violence victims have a witness that saw the acutal physical abuse while it was occurred. If we made that the burden of proof for getting a restraining order then we’d have a lot more dead women on our hands.
Again- people are acting like this is a criminal hearing. It’s not. As one person pointed out above, the temporary orders phase is a free for all in her state. Johnny is not charged with any crime. Amber is trying to show that it is reasonable to say he is a threat to her. And he is.
I’m aware what the burden of proof is for restraining order and that it’s not a criminal hearing. All Amber has to show there is good reason to grant the permanent restraining order. She only has to show she is afraid of him. That’s it,
She doesn’t need to have witnesses testify at the hearing to obtain a permanent restraining order. And that is my point about io Tillet is that it is hearsay evidence… why does Amber feel it’s necessary to have io Tillet and Rachel testify? To win the media war?
A settlement is in the works……………..
@noname,
Thank you for the enlightening reply. I admit to (legal) naïveté.
If I was going into that court room, with Wasser on the other side, I would bring all my evidence, all my witnesses, all my receipts & every dirty detail. I do think the burden of proof is more then just that she is afraid of him, but that his actions cause a threat to her. Not anyone can walk in & get a restraining order on someone else. Her witnesses can attest that he is a threat to her. If they have seen him being controlling, admitting to the abuse, the aftermath of the abuse- that is all relevant and it is not hearsay. Hearing the abuse over the phone while it happened is not hearsay either.
I don’t know why Amber feels like it is necessary to have witnesses testify but I’m glad she is. Wait- I do know why she feels it necessary. She would be dumb if she didn’t bring everything she has.
I don’t think anyone has any reason to keep the details of his abuse or the aftermath out of the public eye. I don’t like this idea that Amber going public or trying to win a media war is at all her fault. She should bring ALL her cards to the table & show her hand. She is defending herself & I think all dv victims should come forward (with a plan for protection). That is what she is doing. If friends sees bruises, talk about it, after the separation, talk about it. The more people who know, the more the woman is safe.
She doesn’t know what his camp will say so she better go in there with all her guns blazing & no judgement from me about that.
I guess it all begins. It’s one thing to say all these things in the press; but now it comes down to swearing in court and witnesses giving their accounts of what they themselves witnessed. If I were guilty of something I would be concerned about this information getting out there. Also how is Johnny going to respond. Will he even come back for the hearing? Interesting
Sooner or later he has to come back. Publicity tour for Pirates 5 will be happening. I hope there are protesters at every site Disney sends him to.
I’d like to see people show up holding signs and wearing t-shirts bearing the phrase – “Remember Tortola!”
Is it possible to delay the court hearing?
Why? A hearing can be delayed but there needs to be a reason. A continuance to allow Amber to correct her filing to give notice to counsel probably wouldn’t fly; just as allowing Johnny to correct his notice to depose Amber wouldn’t fly.
THe fact that the case got to this stage is legal malpractice by Depp’s attorney. U kidding? AN abusing drunk who earns 20M+ per movie – there is only one move: pay the girl before the allegations see the light of day.
Sheesh.
Amen! They messed up big time… I think their strategy was to scare her through the media, but that didn’t happen.
Iwillnotbe silenced
Amber doesnt have much to lose to begin with, casting directors werent beating down her door even when she was linked to Depp. She is well past the age of an ingenue and short of an Amy Adams type of miracle she was never going to have a break through moment.
Depp on the other hand has everything to lose. He still doesnt have his Oscar, he clearly wants to keep making blockbuster movies. I bet you he would kill for a prestige film with an acclaimed director right now. The longer his name is associated with the drug abuse and battery allegations, the further away his dreams slip. I am aure his team advised him to settle, this is the crisis strategy of a drug intoxicated listening to sycophants instead of professionals.
Continued strength to her.
Might it be that Depp’s not listening to his lawyers? Abusive a-holes tend to not like losing, and Depp might see a settlement as letting Amber win.
No, he is listening to his lawyers. A recent People article said he is letting them take care of everything.
He reportedly wants this to end quickly.
@Amy
That just means that he set the ships course (dont bargain with her) and left them to deal with the shit storm. Not even Laura Wasserman would go down path unless the client begged for it. He cant win this, even if the judge rules for him, his legacy is permanently tainted. There will never again be a Johnny Depp profile that doesn’t mention this episode.
I just have to step in and say it isn’t legal malpractice (though I think you are just trying to say a dumb move). The lawyer can only recommend a course of action (like settlement), but is required to follow the clients wishes if he doesn’t want to settle. It is up to the client to ultimately make the cost benefit decision re settlement vs pursuing this in the court.
+1- you can only steer the ship so much. The client is at the helm.
My theory is that his legal team didn’t know how serious and real this was or how much proof she had with her. It seems she was underestimated by them. As I see it, immediately after the divorce news when we didn’t know what was behind it, there was a character assassination on her as their strategy was to pressure her so she would maybe get less money from the divorce just to make the negative media coverage go away?
I don’t understand their need to do that to her, so that’s my only logical explanation. Most people under her circumstances would probably take the check and move on, so they didn’t expect her to stay on this public route for so long.
Amber is the woman that their client decided to marry. I would argue that their over-the-top character assassination was a bad strategy regardless of how much they knew. Even if Amber were lying, it would have been better for PR purposes for Johnny to pretend to have an amicable break up. Instead of just paying AH to go away, Depp’s team did the one thing that would make her want to take a principled, public stand against JD.
That’s why their pulling this no list claim. Her witnesses will not be rejected and they know it. It’s just their way of trying to prove to Johnny how hard they’re working. They’re dragging it out on purpose because…billable hours. They’ll get paid alot more the longer this thing drags out. They don’t want Johnny to settle.
+1
I’ve tried to believe that the good side of Johnny (sensitive artist visiting sick children in hospitals) is as real as the bad and violent side, but no, not any more. He’s just a petty, mean little man, isn’t he? To let his lawyer jerk Amber Heard around like this when he should be apologizing, settling with her and moving on… jeez.
Sadly all of that good could be true.. and he could still be abusive to his wife. People have many many sides that we show and don’t show.
I’ve been saying that for awhile. I believe he is kind, loving, and gentle…….. yet also has a quick and violent temper, which has basically been allowed to run unchecked. Add in his vast wealth, power and substance abuse issues, and, well, are we really surprised that he thinks he should be able to get away with abusing his wife? In some ways he probably feels bad about it, but admitting it and making restitution would be admitting he has a problem, and people go to great lengths to avoid that. He’s been running from his messes for so long that I doubt that he would decide to face them now.
I don’t mean to defend him, but he is an addict, he doesn’t want to face his responsabilities, he doesn’t want to admit his problem, so he does whatever he needs to stay like this.
This.
To me, no amount of good-deed-doing makes up for how someone treats his ‘loved ones’ in private. That’s the real test of character: How someone behaves when no one is looking.
yes.
My raging monster father.
He is polite, charming with the strangers, behind the closed doors another person.
He verbally abused me, my sister and my mother for years. But if you talk to people who know his “public person” he is such a charming man.
Yep, he’s a raging case of NPD. Exactly as you describe your father, Eleonor.
@Eleonor,
Same. My father’s *public* persona was “the good country doctor” who everyone loved. At home, we knew better. It was horrible and nauseating.
Whenever I’m somewhere new and see a cluster of homes, my first thought always is how many children are being abused behind those curtains and pretty facades? I can’t help it, it’s what I think when I see a group of homes.
Eleonor, that secretly violent & cruel persona vs a charming public persona is SUCH a good point! My now-ex husband was also very charming, and he was loved, respected, and admired by the women of our city because he’d made a name for himself in part by being a public women’s advocate and an ardent supporter of feminist causes, even giving public talks in the media about women’s rights when at home he was a dictator and a violent abuser. No one would have ever believed it, and we both knew that.
I’ve come to see that this is a very typical MO for abusers, because not only does the secrecy give them cover, but having that sterling reputation means no one will ever believe their victim if she tries to get help. And knowing that, she doesn’t turn him in.
Reminds me of an old saying – “Angel on the street, devil in the house.”
I wonder how this will affect the two of them professionally overall? I don’t think his career will take too much of a hit, I could see him laying low until Pirates comes out and by that point I think this will all be swept away and forgotten. I also wonder about AH, with the restraining order is she likely to loose out on events and parties since they can’t be together? For examples would the Oscars invite Johnny over her since they can’t both be present? After justice league will her career be affected by this negatively, will JD “star power” be enough to deter directors from hiring her?
If he waits for Pirates to show up, all the questions will be about DV and Amber, especially if he shows up with another woman. He has no choice but to put in an appearance before the movie premiere.
I think this is as important as the ‘perfect victim’ idea. There is no ‘perfect abuser’. Abusers are sweet, kind men who coach sports. They are nice to their neighbors, pay taxes & are good at their job. They also control & abuse their wives.
When I hear people say “but he was such a nice guy! He could have NEVER done that” I want to wring their necks. Like that POS that wrote the article about Amber blackmailing Johnny. What the hell does he know about how that guy is in a relationship?! Unless he dated him for months, stfu.
I counseled abusive men and my jaw dropped when a hippie who was big in his community came in. He was full blown hippie, upset about all the injustices in the world, and he beat his wife. Batterers come in all shapes, sizes & public personas.
You wrote pretty much what I was going to. People are complicated and complex. We can judge someone’s behaviour in a certain context but we can’t really know if the person behaves in the same way when the context changes. It’s not about being manipulative only.
I don’t think Depp is a monster, I think he needs help and sadly his context has enabled him to not be accountable for anything and to postpone a serious change in his life.
Miss S- absolutely. I don’t think he is a monster either. I don’t think Amber thinks he is a monster which is why she loved him. He is also abusive which sucks.
It is so hard to see women who still love their abusers. It’s so hard to see men that I really like personally and then remember “oh wait- he beats his wife”. Ugh- people are complicated & it’s good we remember that.
Maybe this will be the final straw for Depp getting help….for his addiction & his abusive behavior.
Yes! He should have just apologized to his wife/family,admitted that he needed help,settle this case,and move on. But he’s content with letting his friends and family believe that she’s a golddigger who set him up,rather than get help. He’s used to having people kiss his ass and enable him for over 25 years without consequences. So he’s still thinking he can pay people off and move on. I don’t think Depp’s people expected Amber to have more evidence and to not back down.He need to step up and take responsibility for his life once and for all. But if be surprised if he did.
Why hasn’t Johnny had any fall out from this in his career yet?
That says a lot about our society especially business relationships.
If he is a brand just like a professional athlete than why is he exempt?
The photos are not doctored
There are plenty of examples of of other professionals that have lost there career due to this or at least made it public they were going to rehab and at fault.
I am so tired of the good old boys club when it comes to business. I will do what I have been doing with others just boycott all they do.
Disney is a family based business…..
Johnny said it best when he was recently on that night show with Pink. He said she puts up with all these people (inside of him) or something like that. I will not be bothered to look it up.
I think that there has been enough doubt stirred up by his people that they don’t feel justified in condemning him outright by breaking ties. As if they even care in the first place.
Oh I just posed a few similar questions above, I wonder professionally as well how this will affect both of them. I honestly think he has been advised to lay low, by the time Pirates comes out I’m sure this will have been settled and his team will try and sweep it all away and the press machine for Pirates will take over and this whole sheboggle will be forgotten. I worry more about AH I honestly wonder if her career will be okay, I know she has justice league but after that I don’t know?
The answer could be given in names, MAC: Charlie Sheen, Mel Gibson, just for starts.
You can’t testify to something you did not witness. You also can’t spring evidence and witness testimony on the other side. You guys are really out of your depth here trying to comprehend court procedure. And FYI, when someone gets a restraining order there is an automatic hearing within a certain number of days for both parties to argue for or against it being made permanent. Neither is required to attend or testify. Let the court do its job and we will see how full of holes her story is and her attempts to try it in the press end up.
Um, there are several attorneys posting here who actually know what they are talking about, as you clearly do not. You may sit down now.
yes…. and essentially all saying the exact same thing as belooooga. Except for the second half of the last sentence, which is likely the one that you find objectionable. #team facts #team truth
I hope you come back here with those hashtags you trot out on every Depp post when the actual truth is proven in court. Not Johnny’s BS but you know, the truth of what actually happened–you know, the DOMESTIC VIOLENCE that you insist on glossing over.
I hate hashtags, but even more than that, I hate it when people try to be cool and use hashtags but don’t even type them correctly.
Hashtags are the devil’s punctuation marks.
So right on, Doofus and paranormal girl. They give new meaning to the term “slinging hash.”
But the witnesses did witness the abuse so I’m not sure what you’re getting at?
Oh. That’s right. You’re trolling.
well, SOMEONE is out of their depth here.
your trolling is weak, grasshopper.
@dufus…you made my day!!! 😂😂😂😂
Doofus: love.
Hahahahahahahahahahahahahahahahahaha!!!!!
*deep breath*
HAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!!!
Oh God, that felt good.
Really? You’re trying to troll here? Where we have REAL attorneys and the like? You really have to step up your troll game around here or you will just get swept back under the bridge.
Yes, I know. I engaged a troll. I don’t do that very often.
This will be my forever post to the trolls:
https://www.youtube.com/watch?v=50wFqfI4Uuw
<3
Lol
love it!
Off topic a little…but, I was watching House Hunters last night (I’m an HGTV fanatic) when all of a sudden I see JD in a commercial for Sauvage by Dior. I thought, Dior must be so pissed off! Also, if Dior was going for a dirty, smelly looking savage, they picked the right person…JD looked like crap…
I think he looks good in that commercial.
I saw the same commercial (also enjoy HGTV)- my eyes rolled so far back that I had to shake my head a bit to loosen them.
Plus, what irony that JD is being accused of domestic abuse, and is schilling a cologne named savage!
The cologne is called “Sauvage”, not “Savage”. It’s a French word and the meaning is hard to translate, but it’s closer to “wild” or “untamed” than “savage”.
That being said, you’re absolutely right; he’d be a much better representative for “Savage”. Maybe he can design and sell that cologne himself, as a means of income after Amber bleeds him dry (as well she should)?
How about “Scarfage” ? It smells like meth and the bottle has a greasy fingerprints all over it.
I hate that commercial.
the timing … impeccable …
and he looked like poo.
I’ve loved Eau Sauvage for decades & will still wear it, given half a chance (it’s very unisex). But this ad has killed it for me I’m afraid. Boo,
Does Amber’s legal team get to depose Depp? It seems strange to me that Depp’s lawyer can depose Amber, but not the other way around.
Court procedures are so weird.
Amber can be deposed because she wants to testify.
Is it normal for the protected party to subpoena the restrained party when attempting to get a permanent RO? Amber’s lawyers probably don’t want Johnny Depp to testify.
If he has nothing to hide and didn’t do anything, what does he care who testifies? Wasser is a tiger and she’ll decimate anyone who’s lying. depp will settle soon.
God it’s so nice to have one forum that’s not just all “golddigger!!1!!” slurs being chucked around.
Good for Amber for standing up for herself.
*hugs*
Amen!
Each state is different on the laws and procedure for these types of hearings and even each court/judge can rule differently. In the jurisdiction that I typically practice (not CA), the Court would likely allow the witnesses to testify because the 2 witnesses were known to the other side, even if not specifically named, when their statements were provided as part of the original pleadings. Therefore, Depp’s team would not be prejudiced or surprised by the witnesses or their testimony.
That makes a lot of sense.
E! has an article quoting a bunch of attorneys, including Troy Slaten who says “Both sides to a lawsuit are supposed to know, prior to a trial, the evidence that the other side wishes to introduce. This means that, at a minimum, you’re supposed to know what witnesses will be called and what those witnesses will say…[Depp’s attorney, Laura Wasser] is also saying that if the witnesses are not allowed to testify, the court should also not consider the declarations from those witnesses that were submitted to the court in her original request for a temporary restraining order.”
If the declarations were submitted along with the original request, then it’s not a surprise to JD what the witnesses will say.
Typically if you intend to call witnesses you’re supposed to provide a list, even if you aren’t absolutely going to be calling them and it’s only a possibility.
is this not just further proof that Depp is out of his head & off the deep end?
if all of that now-exposed texting history between Amber & Depp’s handler is real (which i dont doubt in the slightest), then slam-dunk shut it down and pay her to go away and be quiet.
i really can’t believe that a lifetime Hollywood playa like Depp has allowed this to go down as such. he’s cracked – using – and knows damn well he’s blacking out and attacking her.
WTFF. no pay-off excuses his behaviors, but at least she would be gone (and SAFE) and Depp could sober the eff up. dude. SO blowin it.
Amber is claiming BS the story that she wants the case settle outside the court. And that Johnny’s afraid that’s why they are running the story on TMZ
http://www.tmz.com/2016/06/16/amber-heard-johnny-depp-domestic-violence-settlement-divorce/
eat him, Amber!!
You are such an inspiration!!
I am surprised she changed her last name to Depp. To me it shows that her commitment was deep, and not at all in line with what that friend of hers said: If Johnny Depp wants you, you marry him.
Someone, who may or may not be on Mr. Depp’s payroll, will admit that he is very ill. They must have known for quite some time, but the frontal lobe disease is full-blown now, and can no longer be affectionately laughed off as eccentricity or blamed on someone else.