Someone who wasn't called for jury duty ended up on the jury that Heard lost her case to.
Heard missed the deadline to call for a mis trial according to a court filing.
Heard didn't complain about the juror issue until after the case had been lost.
The court should deny Heard's request to have her legal loss thrown out because she knew the wrong person was on the jury.
A person who hadn't been called for jury duty was put on the Heard trial jury.
The jury sided with the man in the case, who was accused of abusing Heard before and during their marriage. The jury ordered Heard to pay him a total of fifteen million dollars for defaming him.
One of Heard's defamation claims was successful, but she was only awarded $2 million in damages.
Heard's lawyers said that a jury summons was issued to a house in Fairfax County, Virginia, where two people with the same name lived. The 77-year-old was summoned but the 52-year-old didn't show up for jury duty.
Heard's lawyer said that "Juror No. 15 was not summoned for jury duty on April 11, 2022, and therefore was not part of the jury panel and could not have served on the jury." A new trial should be ordered if there is a mis trial.
Heard missed the deadline to make a complaint about the trial, so her argument shouldn't be considered at all.
Heard's legal team said she knew about the mistake from the beginning of the trial but didn't raise it until she lost the case.
In a rare moment of candor, Ms. Heard admitted that she was aware of the discrepancy in Juror 15's birth year from the very beginning of the trial."
"Ms. Heard concedes she had more than enough time before the trial started, and during the six-week trial, when at least two alternates were available, to investigate and discover the alleged 'new' facts."
Heard didn't prove that the juror who ended up on the jury was prejudiced against her, and that calling a mis trial would be an "extraordinary remedy" for such a mistake.
Heard's representatives did not reply to Insider's request on Monday.
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