According to The Blast, which was first to report the news, Depp's legal team is sending a subpoena to Franco after surveillance video footage surfaced, allegedly showing him in an elevator with Heard one day after the former couple's alleged May 2016 fight.
In a statement to The Blast on Tuesday, Depp's attorney, Adam Waldman, said, "We are interested in James Franco and Elon Musk as fact witnesses because we have evidence they are men who saw Amber Heard's face in the days and nights between when she claimed Mr. Depp smashed her in the face on May 21 and when she went to court with painted on 'bruises' to obtain a temporary restraining order on May 27."
In the video, obtained by the outlet, Heard, 33, is seen riding in an elevator – for the downtown Los Angeles apartment she once reportedly shared with Depp, 56 – by herself before she gets out and then reappears with Franco, 41.
According to The Blast, the civil subpoena is a part of Depp's $50 million defamation lawsuit against Heard, which he filed earlier this year after the actress wrote a Washington Post op-ed about domestic abuse. Depp’s complaint says that although Heard did not use Depp’s name in the Post article, it was clear she was referring to him.
In response to the news of the reported subpoena, Heard attorney Eric George told Fox News on Tuesday: "This bogus story is just another lame attempt by Johnny Depp and his team to spread deliberately misleading information through the tabloid media so that he can continue to attack and abuse his ex-wife.
“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.”
As previously reported, Heard filed for divorce from Depp in 2016 amid claims that the “Pirates of the Caribbean” actor physically and verbally abused her. Depp has repeatedly denied the allegations. The two – they met on the set of the 2011 film "The Rum Diary" – settled their $7 million divorce in 2017.
Reps for Franco and Depp did not immediately respond to Fox News' request for comment.
Fox News' Dom Calicchio contributed to this report.