By Tom Hals
WILMINGTON, Del (Reuters) -Elon Musk's deposition by Twitter Inc (NYSE:TWTR) lawyers has been rescheduled from this week to Oct. 6-7, just 10 days before a trial over his bid to walk away from the $44 billion takeover, and the delay could play in the social network company's favor.
The deposition of the world's richest person was originally scheduled for this week but sources close to the litigation on Monday said that the timing of the interview was always subject to change given the fast-tracked nature of the litigation.
The two sides are conducting dozens of depositions and reviewing thousands of documents and communications in preparation for the five-day trial starting Oct. 17 in Wilmington, Delaware.
Brian Quinn, a professor at Boston College Law School, said that the timing of depositions matter, and Twitter might be better off delaying the interview of Musk until after they have obtained his communications.
"You're gonna delay your best witnesses for the end, as much as possible, so you have all the discovery," Quinn said.
Later on Tuesday, Twitter will ask Chancellor Kathaleen McCormick (NYSE:MKC) to punish Musk, who is chief executive of automotive company Tesla Inc (NASDAQ:TSLA), for his legal team's alleged disregard of court orders to turn over Musk's messages about his decision to end the deal.
Musk's response to Twitter's motion was filed under seal. His lawyers have said in the past that the social media company was accusing Musk of withholding documents and messages to distract the court from the company's own discovery abuses.
Musk's deposition is expected to be a key part of the litigation. In past testimony, he has been combative under oath.
Twitter's attorneys are expected to try to show that Musk abandoned the deal due to falling financial markets.
Twitter wants McCormick to order Musk to close the deal at the agreed price of $54.20 per share. The billionaire is seeking a ruling that Twitter violated the deal agreement by withholding critical information about users, allowing Musk to walk away without penalty.