Judge DENIES Amber Heard's attempt to throw out the case 

Amber Heard's lawyers made a last-ditch effort to have the case dismissed, only for the judge to deny their request.  

Before starting their case, Amber Heard's lawyers asked Judge Penney Azcarate to dismiss the case, saying Johnny Depp had not proven his claims.

Judge Azcarate denied the request regarding two statements in the Washington Post op-ed because there was a 'scintilla' of evidence a jury may find that they were defamatory.

The judge held off ruling on a third statement in the op-ed because the relevant evidence had not been brought in yet.

The request sparked angry exchanges in court with both sides strongly making their arguments.

Heard's lawyer Benjamin Rotternborn said that if the court agrees that Depp abused Heard 'even one time, she wins - it's that simple.' Rottenborn said that the evidence Depp abused Heard physically and verbally was 'overwhelming and undisputed.'

As Rottenborn argued, the defamation claim should be stricken because Depp failed to establish 'falsity of statement' during his case in chief.

In a fiery response Depp's lawyer Benjamin Chew said that Depp had 'come forward with multiple credible witnesses, documents and authentic tape recordings of Miss Heard herself.'

The evidence satisfied all 'requisite elements' and even went the 'extra mile of showing Miss Heard physically abused him.'

Raising his voice, Chew said: 'She's the abuser in this courtroom!'

Heard's lawyer Rottenborn argued that if the case does move ahead, the headline of the op-ed should be stricken as Heard did not write it.

The headline on the online version reads: 'I spoke up against sexual violence - and faced our culture's wrath. That has to change.'

Rottenborn also claimed that Depp had failed to prove that Heard acted with 'actual malice' in writing the article, the test required for a defamation case.

Rottenborn told the court it was a 'gatekeeper of the First Amendment' and should dismiss the case.

Depp's lawyer Chew said that the 'most convincing and most disgusting' evidence was from emails sent by the ACLU to the Washington Post pitching the idea of the piece.

In the email one ACLU executive told a Washington Post editor that it was written by Heard who 'as you may recall was beaten up during her brief marriage to Johnny Depp.'

Chew claimed that the ACLU 'helped her (Heard) to lie about it' afterwards and called the civil rights group a 'co-conspirator with Miss Heard' that played a 'frankly reprehensible role' in the case.

The lawyer claimed that Heard told the ACLU to 'put it back in, make it more spicy', referring to an allusion to Depp

Without that the piece would have ended up in Teen Vogue as 'no-one was interested in what she had to say unless she was defaming Mr. Depp', Chew said.

Chew tore into Heard for failing to pay her $7million divorce settlement to the ACLU and the Children's Hospital in Los Angeles with half going to each.

Chew said that it was 'one thing for her to stiff the ACLU' but it was another to fail to pay the hospital with 'sick and dying children'.

According to Chew 'everybody and his grandmother' knew that Heard was referring to her restraining order against Depp with the op-ed.

He called it 'just a scam to get $7m from the divorce settlement' that she 'pocketed' instead of giving it to charity as she pledged.'

Chew said, 'Witness after witness has testified that Miss Heard, far from being a figure representing domestic violence, is in fact a recidivist perpetrator of domestic violence on Mr. Depp and others.'

In response Rottenborn said that Chew 'wrote that speech for an audience outside the courtroom.'

Speaking of Heard, he said: 'She's not the abuser. She and her witnesses will put on even more evidence she suffered at the hands of Mr Depp.'

Amber Heard's personal nurse took the stand Tuesday as Johnny Depp's team rested its case. 

The court heard from Erin Falati, also known as Erin Boerum, the former nurse of Amber Heard who appeared by video deposition.

Under questioning from one of Depp's lawyers, she walked through her notes of her treatment of Heard, starting with their first meeting in August 2014.

The notes state that Heard 'reports history of substance abuse including an addiction to cocaine and liquor.'

'Heard does not smoke but reports she drinks '1-3 glasses of red wine a day,' the notes state.

The notes state: 'Familial history of substance abuse, both mother and father have abused and become dependent on stimulants.

'Client admits to a history of anxiety, eating disorder, Attention Deficit Disorder, bipolar disorder, codependence issues and occasional insomnia.

'Client identifies as bisexual, and was married to a female partner prior to current relationship.'

The notes add that Heard had been 'experiencing increased agitation recently and has had several outbursts of anger and rage. Her mood has been labile.'

Asked what 'labile' meant, Falati said: 'Emotional lability is when emotions spin on a pendulum, you see someone sad and quickly transition to extreme happiness, it's like a pendulum.'

Falati told the court she recalled Heard acting like this during the time she treated her.

In another remark from the notes, Falati said: 'Client expressed concern to husband and Dr Kipper (Depp's personal doctor) she is nervous about being alone while husband is working (on movie set in London) and expressed she has difficulty dealing with feelings of insecurity and jealousy when not in presence of her husband.'

In a note from August 29, 2014,

read more from dailymail.....