Johnny Depp files for a delay in his defamation trial against Amber Heard

Johnny Depp has filed a motion to have his upcoming defamation trial against his ex-wife Amber Heard delayed, so he can film Fantastic Beasts 3 in London.

The 57-year-old actor filed court documents in Fairfax County, Virginia court on August 21, requesting the trial be delayed until anywhere between March and June of 2021.

The court had set the trial to run from January 11, 2021 to January 28, 2021, though Warner Bros. recently revealed they plan to start filming Fantastic Beasts 3 in October in London, which will run through the end of February.

Depp is slated to return as Gellert Grindelwald, who was teased in a brief cameo in 2016’s Fantastic Beasts and Where to Find them, before his starring role in 2018’s Fantastic Beasts: The Crimes of Grindelwald.

Filming had been delayed by the COVID-19 pandemic, but now that conditions are improving in London, Warner Bros. has scheduled the sequel to start filming in early October.

‘When the Court set the current trial date in this case, Mr. Depp understood that Warner Bros. planned to shoot ‘Fantastic Beasts 3’ in London long before January 11, 2021,’ an excerpt from the court filing reads.

‘COVID-19 disrupted the studio’s plans, causing repeated postponements. With conditions in London having improved somewhat, Warner Bros. has now set a shooting schedule that conflicts with the trial date in this case,’ the excerpt continues.

The court documents also included a letter sent by Warner Bros. Senior Vice President of Legal Affairs, Glenn A. Eckerle, revealing the production schedule.

‘Johnny Depp (“Artist”) is currently scheduled to render services on the picture in London on an exclusive basis commencing in early October, 2020 and running through and including the middle part of February 2021,’ the excerpt reads.  

The court filing adds that Depp has no control over the production schedule, and he would be in breach of contract if he wasn’t able to film the sequel.

‘Though Mr. Depp is eager to proceed to trial, he faces an untenable situation over which he has no control. Good cause therefore exists to continue the trial date,’ it adds. 

The filings added that Heard would not, ‘suffer any unfair prejudice’ from the trial being delayed until later in 2021. 

Heard has also said to have agreed to meet on September 11 to discuss the potential delay of the trial date.

Depp recently wrapped up his libel trial against the Rupert Murdoch-owned U.K. publication The Sun, though no verdict has been issued yet.

The 16-day trial ended in late July, with Judge Justice Nicol expected to deliver a verdict sometime in September.