Twitter was supposed to depose Elon Musk under oath earlier this week, while at the same time Musk’s lawyers were scheduled to ask questions of Twitter CEO Parag Agrawal.
With Agrawal cancelling his deposition at the last minute, Musk’s deposition was rescheduled on Tuesday and will now take place next month.
According to Reuters the deposition is scheduled for October 6 and 7, just 10 days before the trial is set to take place in Delaware Chancery court.
Also on Tuesday a judge heard evidence that Musk’s own analysis of Twitter’s data did not back up his assertion that there are “wildly” more than 5% of users on the social media platform that are fake or spam.
A lawyer for Twitter said data from two of Musk’s data scientists shows the actual number of fake accounts, based on data provided to Musk by Twitter, is 5.3% and 11%.
“None of these analyses so far as we can tell remotely supported what Mr. Musk told Twitter and told the world in the termination letter,” said the lawyer, Bradley Wilson.
After offering to purchase Twitter and take it private at a valuation of $44 billion, Musk terminated the agreement saying the company wasn’t truthful with their claims and misled him that less than 5% of users were fake.
Twitter then sued Musk to complete the deal, with Musk countersuing claiming Twitter misled investors.
The trial is scheduled to begin on October 17, 2022 in Delaware’s Court of Chancery.