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SPECIAL VERDICT FORM
Mr. Depp’s Claim Against Ms. Heard
This special verdict form includes each of the statements on which John C. Depp, II, bases his claim of defamation against Amber Heard. Answer the questions in accordance with the Court’s instructions.
1. As to this statement appearing in the online op-ed, entitled “Amber Heard: I spoke
up against sexual violence and faced our culture’s wrath. That has to change” in the Washington
Post’s online edition:
“I spoke up against sexual violence and faced our culture’s wrath. That has to change.”
1(a). Do you find that Mr. Depp has proven all the elements of defamation?
ANSWER YES OR NO:
If you answer question 1(a) “NO,” please proceed to question 2.
If you answered “YES,” please answer YES or NO to the following
questions: Has Mr. Depp proven by a greater weight of the evidence that:
The statement was made or published by Ms. Heard?
The statement was about Mr. Depp?
The statement was false?
The statement has a defamatory implication about Mr. Depp?
The defamatory implication was designed and intended by Ms. Heard?
Due to circumstances surrounding the publication of the statement, it conveyed a defamatory implication to someone who saw it other than Mr. Depp?
1(b). If you answered “YES” to each subpart of question 1(a), answer the following question: do you find that Mr. Depp has proven by clear and convincing evidence that Ms. Heard acted with actual malice?
ANSWER YES OR NO:
2. As to this statement appearing in the op-ed entitled “A Transformative Moment For Women” in the Washington Post’s print edition and the online op-ed “Amber Heard. I spoke up against sexual violence–and faced our culture’s wrath. That has to change in the Washington Post’s online edition:
“Then two years ago, I became a public figure representing domestic abuse, and I felt the full force of our culture’s wrath for women who speak out.”
2(a). Do you find that Mr. Depp has proven all the elements of defamation?
ANSWER YES OR NO: If you answer question 2(a) “NO,” please proceed to question 3.
If you answered “YES,” please answer YES or NO to the following questions: Has Mr. Depp proven by a greater weight of the evidence that:
The statement was made or published by Ms. Heard?
The statement was about Mr. Depp?
The statement was false?
The statement has a defamatory implication about Mr. Depp?
The defamatory implication was designed and intended by Ms. Heard?
Due to circumstances surrounding the publication of the statement, it conveyed a defamatory implication to someone who saw it other than Mr. Depp?
2(b). If you answered “YES” to each subpart of question 2(a), answer the following question: do you find that Mr. Depp has proven by clear and convincing evidence that Ms. Heard acted with actual malice?
ANSWER YES OR NO:
3. As to this statement appearing in the op-ed entitled “A Transformative Moment For Women” in the Washington Post’s print edition and the online op-ed “Amber Heard: I spoke up against sexual violence and faced our culture’s wrath. That has to change in the Washington Post’s online edition:
“I had the rare vantage point of seeing, in real time, how institutions protect men accused of abuse.”
3(a). Do you find that Mr. Depp has proven all the elements of defamation?
ANSWER YES OR NO: If you answer question 3(a) “NO,” please proceed to question 4.
If you answered “YES,” please answer YES or NO to the following questions: Has Mr. Depp proven by a greater weight of the evidence that:
The statement was made or published by Ms. Heard?
The statement was about Mr. Depp?
The statement was false?
The statement has a defamatory implication about Mr. Depp?
The defamatory implication was designed and intended by Ms. Heard?
Due to circumstances surrounding the publication of the statement, it conveyed a defamatory implication to someone who saw it other than Mr. Depp?
3(b). If you answered “YES” to each subpart of question 3(a), answer the following question: do you find that Mr. Depp has proven by clear and convincing evidence that Ms. Heard acted with actual malice?
ANSWER YES OR NO:
Complete Questions 4-5 ONLY if you answered YES to all of questions 1, 2, or 3.
4. As against Amber Heard, state the amount of compensatory damages, if any, you believe John C. Depp, II has proven, by a greater weight of the evidence, that he is entitled to recover:
We, the Jury, award compensatory damages in the amount of $_______
As against Amber Heard state the amount of punitive damages, if any, to which you find John C. Depp, II is entitled to recover:
We, the Jury, award punitive damages in the amount of $________
SPECIAL VERDICT FORM
Ms. Heard’s Claim Against Mr. Depp
This special verdict form includes each of the statements on which Amber Heard bases her claim of defamation against John C. Depp, II. Answer the questions in accordance with the Court’s instructions.
1. As to this statement appearing in the April 8, 2020 online edition of The Daily Mail:
“Amber Heard and her friends in the media use fake sexual violence allegations as both a sword and shield, depending on their needs. They have selected some of her sexual violence hoax ‘facts as the sword, inflicting them on the public and Mr. Depp.”
1(a). Do you find that Ms. Heard has proven all the elements of defamation? ANSWER YES OR NO: If you answer question 1(a) “NO,” please proceed to question 2.
If you answered “YES,” please answer YES or NO to the following questions: Has Ms. Heard proven by a greater weight of the evidence that:
Mr. Waldman, while acting as an agent for Mr. Depp, made or published the statement?
The statement was about Ms. Heard?
The statement was seen by someone other than Ms. Heard?
The statement was false?
1(b). If you answered “YES” to each subpart of question 1(a), answer the following question: do you find that Ms. Heard has proven by clear and convincing evidence that the statement by Mr. Waldman was made with actual malice?
ANSWER YES OR NO:
2. As to this statement appearing in the April 27, 2020 online edition of The Daily Mail:
“Quite simply this was an ambush, a hoax. They set Mr. Depp up by calling the cops but the first attempt didn’t do the trick. The officers came to the penthouses, thoroughly searched and interviewed, and left after seeing no damage to face or property. So Amber and her friends spilled a little wine and roughed the place up, got their stories straight under the direction of a lawyer and publicist, and then placed a second call to 911.”
2(a). Do you find that Ms. Heard has proven all the elements of defamation?
ANSWER YES OR NO: If you answer question 2(a) “NO,” please proceed to question 2.
If you answered “YES,” please answer YES or NO to the following questions: Has Ms. Heard proven by a greater weight of the evidence that:
Mr. Waldman, while acting as an agent for Mr. Depp, made or published the statement?
The statement was about Ms. Heard?
The statement was seen by someone other than Ms. Heard?
The statement was false?
2(b). If you answered “YES” to each subpart of question 2(a), answer the following question: do you find that Ms. Heard has proven by clear and convincing evidence that the statement by Mr. Waldman was made with actual malice?
ANSWER YES OR NO:
3. As to this statement appearing in the April 27, 2020 online edition of The Daily Mail:
“We have reached the beginning of the end of Ms. Heard’s abuse hoax against Johnny Depp.”
3(a). Do you find that Ms. Heard has proven all the elements of defamation?
ANSWER YES OR NO: If you answer question 3(a) “NO,” please proceed to question 4.
If you answered “YES,” please answer YES or NO to the following questions: Has Ms. Heard proven by a greater weight of the evidence that:
Mr. Waldman, while acting as an agent for Mr. Depp, made or published the statement?
The statement was about Ms. Heard?
The statement was seen by someone other than Ms. Heard?
The statement was false?
3(b). If you answered “YES” to each subpart of question 3(a), answer the following question: do you find that Ms. Heard has proven by clear and convincing evidence that the statement by Mr. Waldman was made with actual malice?
ANSWER YES OR NO:
Complete Questions 4-5 ONLY if you answered YES to all of questions 1, 2, or 3.
As against John C. Depp, II, state the amount of compensatory damages, if any, you believe Amber Heard has proven, by a greater weight of the evidence, that she is entitled to recover:
We, the Jury, award compensatory damages in the amount of $_______
As against John C. Depp, II, state the amount of punitive damages, if any, you to which you find Amber Heard is entitled to recover:
We, the Jury, award punitive damages in the amount of $____________
_____________ ____________________________________
DATE SIGNATURE OF FOREPERSON
_______________________________________
PRINTED NAME OF FOREPERSON
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