Under Virginia law non-residents of the state cannot be forced to attend proceedings at the Fairfax County Circuit Court, either in person or via video-link.
If a witness decides not to participate lawyers can instead draw upon their deposition as evidence if one had been given.
In court this week, Depp's former agent Christian Carino, confirmed Musk and Heard were in a relationship but said emails showed she never loved him.
Depp also told jurors he had suspected Franco and Heard were having an affair, echoing previous comments in which he said it was 'highly likely'.
Elon Musk and James Franco will not testify at Johnny Depp and Amber Heard's bombshell defamation trial, sources have said
Franco was a close confidant of the actress, whom Depp suspected she was having an affair with
In court this week, Depp's former agent Christian Carino, confirmed Musk and Heard were in a relationship
It was also revealed Musk covered nearly half of Heard's $1.3million donation to the American Civil Liberties Union after she pledged to give her divorce settlement to charity.
Carino, a talent agent with mega agency CAA and Lady Gaga's ex-fiance, received emails from Heard describing her break-up from the billionaire CEO.
In an email on August 7, 2017, Heard told Carino: 'Dealing with breakup. I hate when things go public. See I'm so sad.'
Carino said he believed Heard was 'referring to breaking up with Elon.'
Elon Musk and James Franco will NOT testify at Johnny Depp trial
por Saul Evers (2023-08-11)
Elon Musk and James Franco will not testify at Johnny Depp and Amber Heard's bombshell defamation trial, sources have said.
The A-listers were named by Heard's legal team on its list of potential witnesses, with both due to appear via video link.
Heard began dating the Tesla founder around the time of her split with Depp in May 2016 and by August the following year they had broken up.
Meanwhile Franco was a close confidant of the actress, whom Depp suspected she was having an affair with.
But sources told neither Musk nor Franco will take the stand as Heard's legal team begin their defense next week.
No reason was given for their absence.
Under Virginia law non-residents of the state cannot be forced to attend proceedings at the Fairfax County Circuit Court, either in person or via video-link.
If a witness decides not to participate lawyers can instead draw upon their deposition as evidence if one had been given.
In court this week, Depp's former agent Christian Carino, confirmed Musk and Heard were in a relationship but said emails showed she never loved him.
Depp also told jurors he had suspected Franco and Heard were having an affair, echoing previous comments in which he said it was 'highly likely'.
Elon Musk and James Franco will not testify at Johnny Depp and Amber Heard's bombshell defamation trial, sources have said
Franco was a close confidant of the actress, whom Depp suspected she was having an affair with
In court this week, Depp's former agent Christian Carino, confirmed Musk and Heard were in a relationship
It was also revealed Musk covered nearly half of Heard's $1.3million donation to the American Civil Liberties Union after she pledged to give her divorce settlement to charity.
Carino, a talent agent with mega agency CAA and Lady Gaga's ex-fiance, received emails from Heard describing her break-up from the billionaire CEO.
In an email on August 7, 2017, Heard told Carino: 'Dealing with breakup. I hate when things go public. See I'm so sad.'
Carino said he believed Heard was 'referring to breaking up with Elon.'
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Carino replied to Heard: 'You weren't in love with him. You told me 1,000 times you were just feeling space.'
Asked what he meant, Carino said: 'Why would you be sad if you weren't in love with him to begin with?'
One of Depp's lawyers asked: 'By him you're referring to who?'
Carino said: 'Elon.'
Johnny Depp's former agent Christian Carino told the court about emails sent to him by Heard after she broke up with Elon Musk