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.”
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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.
Depp’s lawyer, Laura Wasser, has also asked for Heard to turn over all of her communications from Dec. 15 to present – including writing, documents and texts.
A hearing has been scheduled for Friday in Heard’s ongoing domestic violence case against the actor, after she claimed in court documents requesting a temporary restraining order on May 27 that the actor had abused her throughout their four-year marriage. She filed for divorce on May 23.
In a response, Depp’s lawyer, Wasser, claimed in court filings that Heard “is attempting to secure a premature financial resolution by alleging abuse.”