The jury in the defamation trial of Johnny Depp vs Amber Heard has to decide if, on the balance of probabilities, Heard’s article in the Washington Post was defamatory to Depp.
If this is the case, the panel of seven jurors and four alternates can also recommend if the figure each party is suing for is too high and whether the judge should impose a lower financial outcome.
Should the jury find in favour of Depp, his ex-wife Heard could pay up to around$50million in damages, via Mirror If the jury finds for Heard, Depp could pay up to around $99million. The judge has already rejected a motion to dismiss the suit against Depp.
In Virginia, a jury must come to a unanimous verdict in this sort of trial and if they cannot, the judge may be forced to declare a mistrial.
A defamation trial is a civil trial and not a criminal one and this means neither Depp nor Heard can be sent to prison based on the verdict given by the jury.