Musk's proposal to hold the trial in February. Musk, who is the world's richest person and chief executive of electric carmaker Telsa Inc, accused Twitter of rushing the trial to obscure the truth about spam accounts and to "railroad" him into buying the company.
A source close to the case told The New York Post that Musk's lawyers are planning to countersue Twitter to gather more information about spam accounts.
Elon Musk on 8 July pulled the plug on his $44 billion deal to buy Twitter and take it private, a regulatory filing showed. Musk accused the social media giant of "misleading" statements about the number of fake accounts.