(NewsNation) — Twitter is set to question billionaire CEO Elon Musk under oath in Delaware this week as part of litigation in Musk’s bid to walk away from his $44 billion deal to buy the social media company.

The deposition, planned for Monday, Tuesday and a possible extension on Wednesday, will not be public. As of Sunday evening it was not clear whether Musk will appear in person or by video. The trial is set to begin October 17 in Delaware Chancery Court, where it’s scheduled to last just five days.

Musk, the world’s richest man, agreed in April to buy Twitter and take it private, offering $54.20 a share and vowing to loosen the company’s policing of content and to root out fake accounts. Twitter shares closed Friday at $41.58.

Musk indicated in July that he wanted to back away from the deal, prompting Twitter to file a lawsuit to force him to carry through with the acquisition.

The Associated Press contributed to this report.