Day 25 · Jury Question

Judge Penney Azcarate · Depp v. Heard · 1 proceeding · 27 utterances

Day 25 of 27

The deliberating jury asked whether Question 43's falsity inquiry applied to the op-ed headline or the full article; Judge Azcarate clarified in writing that the headline alone is the statement at issue.

procedural proceduralop-eddefamation

Full day summary

Day 25 consisted of a single colloquy during jury deliberations. The jury submitted a question asking whether the falsity inquiry for Question 43 applied to the op-ed headline or the entire article. Judge Azcarate, with agreement from all counsel, determined that the headline is the statement at issue and sent a written clarification to the deliberating jury: "The statement is the headline not the entire op-ed." This ruling narrowed the scope of the primary defamation falsity question to the headline alone, directly shaping how jurors evaluated Depp's central claim. Separately, Judge Azcarate declined to entertain a pending motion from Depp's counsel, citing her practice of not acting on motions once deliberations have begun.

Key Moments

Notable Quotes

Penney Azcarate

“it's clear that the title is the statement”

Judge's threshold ruling narrowing the falsity question to the op-ed headline alone, a determination that directly shaped the jury's deliberations on Depp's primary defamation claim.

Penney Azcarate

“The statement is the headline not the entire op-ed.”

The exact written clarification transmitted to the deliberating jury, establishing the formal scope of the falsity inquiry for Question 43.

Penney Azcarate

“since the jury has the case now and it's out of my hands, I appreciate your motion but I'm not going to entertain it at this time, okay?”

Judge explains her deliberation-phase policy, declining to act on Depp counsel's pending motion while the verdict remains the jury's to decide.

colloquy

Jury Question

27 utt.

During deliberations the jury asked whether Question 43's falsity inquiry applied to the op-ed headline or the entire article. Judge Azcarate proposed a written clarification that the headline is the statement at issue; all counsel agreed. The response sent to the jury read: "The statement is the headline, not the entire op-ed." The judge also acknowledged a pending motion from Depp's counsel but declined to entertain it while the case was in the jury's hands.

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