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Johnny Depp's lawyer ready to subpoena James Franco

Johnny Depp intends to subpoena James Franco, above,

Johnny Depp intends to subpoena James Franco, above, after surveillance video surfaced showing Franco and Amber Heard appearing to meet in an elevator shortly after a fight between Heard and Depp. Credit: Getty Images/Kevin Winter

James Franco is scheduled to be subpoenaed in Johnny Depp's defamation lawsuit against Depp's ex-wife, "Aquaman" star Amber Heard.

"I can confirm that we intend to subpoena James Franco as soon as his lawyers respond with his address," Depp's attorney Adam Waldman told E! News Tuesday. The announcement came after surveillance video surfaced showing Franco, 41, and Heard appearing to meet in an elevator shortly after the marriage-ending fight in which, Heard alleged, Depp had bruised her face with a thrown iPhone.

The video, posted Tuesday by, is time stamped just before 11 p.m. May 22, 2016, a day after police arrived at Depp and Heard's home at the landmark Eastern Columbia Building in downtown Los Angeles, responding to a domestic violence call. It shows Heard, 33, entering an elevator, riding down to what TheBlast called the parking-area entrance, then exiting and returning several seconds later with Franco. With their backs to the camera, the two appear to huddle in a corner speaking with Franco's head leaning down close to Heard's.

Heard's attorney, Eric M. George, told E! News in a statement, "Amber Heard and James Franco once lived in the same apartment complex and were simply taking an elevator at the same time. Period. Johnny Depp and his team have been trying — and failing — to place a salacious story based on this irrelevant footage for weeks. It's pathetic."

Waldman countered that Franco's home "is not and never was the Eastern Columbia Building as Ms. Heard's lawyer absurdly claimed."

Heard and "Pirates of the Caribbean" franchise star Depp, 56, finalized their contentious divorce eight months after Heard filed on May 23, 2016, alleging among other claims that Depp hit her in the face with his iPhone two days earlier. She submitted photos showing what she said were bruises from the incident. In March, Depp filed a defamation suit against her, claiming the bruises had been cosmetically applied.

The two met while filming "The Rum Diary" (2011) and later began dating. They married on Feb. 3, 2015.

E! said it had contacted Franco's attorneys for comment. Neither Franco nor Depp is on social media, and Heard has not commented publicly on the report.

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