In the middle ofJohnny Depp’s $50 million defamation case against ex-wifeAmber Heard, her legal team motioned for dismissal of the lawsuit. The judge has however denied the request after arguments from both sides.

On Tuesday, Depp’s side wrapped their witness list as the plaintiff rested their case. Before defendant Heard’s team brings witnesses to the stand, her attorney Ben Rottenborn made the case for why the lawsuit should be thrown out, arguing that Depp’s side doesn’t have enough to prove defamation.

Chew said Heard — who has not yet taken the stand — was the abuser in the relationship, not Depp, 58.

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Rottenborn pointed out that Depp and some of his expert witnesses testified that domestic abuse comes in various forms, not only physical. With that, “Even under their standard, the undisputed evidence is that Mr. Depp did commit abuse against Ms. Heard,” he said.

After reviewing all of the evidence, Judge Penney Azcarate denied the motions, saying that the “weight of that evidence is up to the fact-finders,” meaning she’s letting the jury decide whether Heard’s op-ed was indeed defamatory as the trial continues.

Amber Heard; Johnny Depp.JIM WATSON/POOL/AFP via Getty (2)

US actress Amber Heard arrives in the courtroom at the Fairfax County Circuit Court in Fairfax, Virginia, on May 3, 2022. - US actor Johnny Depp sued his ex-wife Amber Heard for libel in Fairfax County Circuit Court after she wrote an op-ed piece in The Washington Post in 2018 referring to herself as a “public figure representing domestic abuse.” US actor Johnny Depp arrives in the courtroom at the Fairfax County Circuit Court in Fairfax, Virginia, on May 3, 2022. - US actor Johnny Depp sued his ex-wife Amber Heard for libel in Fairfax County Circuit Court after she wrote an op-ed piece in The Washington Post in 2018 referring to herself as a “public figure representing domestic abuse."

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Back in November 2020, Depplost his highly publicized U.K. libel lawsuit caseagainst British tabloidThe Sunfor calling him a “wife-beater.” The court upheld the outlet’s claims as being “substantially true” and Heard testified to back up the claims. In March 2021, thePirates of the Caribbeanstar’s attempt tooverturn the decision was overruled.

Depp originally filed this $50 million lawsuit against Heard back in 2019 but it was delayed due to the pandemic, until a jury was selected on April 11 in Fairfax, Virginia, and opening statements began the following day.

Heard previously asked to dismiss Depp’s Virginia lawsuit, arguing that the U.K. judgment should hold sway on the proceedings in the U.S. since both lawsuits center on allegations of Depp as an abuser. In August, however, Azcarate grantedDepp the right to pursue his lawsuit, denying Heard’s supplemental plea to dismiss the case.

Daniel Gutenplan — entertainment litigator, defamation expert and a partner at Enenstein Pham & Glass — recently told PEOPLE that Depphas an “uphill battle” in proving defamation. He explained, “Defamation is very hard to prove. First and foremost, truth is an absolute defense to any defamatory statement. So regardless of the alleged defamatory statement, if a defendant can establish that it is true, the defense is going to win.”

Gutenplan said Heard’s essay never name-dropped Depp and “doesn’t detail any specific alleged events or any specific conduct. It is incredibly general in that regard.” He also said that winning a defamation case “has to be based on facts,” adding: “It can’t be based on opinion. And that’s where a lot of defamation plaintiffs get in trouble.”

STEVE HELBER/POOL/AFP via Getty

Amber Heard listens in the courtroom at the Fairfax County Circuit Court in Fairfax, Virginia

One of Depp’s witnesses, their former marriage counselor Dr. Laurel Anderson, previously testified that Depp and Heardengaged in “mutual abuse” with each other. Anderson said she also observed “multiple” small bruises on Heard’s face at an in-person meeting. In audio recordings, Heard has admitted to hitting Depp, and a security guard for Depp testified that heonce witnessed Heard punch Depp.

The motion from Heard’s legal team comes after theAquamanactress decided toswitch her public relations teams.

Depp has testified that his “goal is the truth” as he seeks to clear his name in the trial, which is being televised live via various outlets. Ahead of the trial, Heard said in a statement that “hopefully when this case concludes, I can move on and so can Johnny. I have always maintained a love for Johnny and it brings me great pain to have to live out the details of our past life together in front of the world.”

source: people.com