The lawyers for Musk want to question the employees who count and evaluate the number of bots on the platform.
According to people familiar with the matter, Musk's legal team is accusing the social media company of hiding key witnesses and is asking a Delaware judge to order them to identify them.
Musk's defense team wants the records of the employees who calculate the percentage of bot accounts on the platform so they can be questioned in court, according to reports.
The Delaware Chancery Court Judge was the subject of the request.
Musk's representatives did not reply to Insider's request for comment on the reports.
Musk has been concerned about the number of accounts on the platform. After months of back and forth, Musk decided to pull out of the $44 billion deal.
Musk claimed that he withdrew his bid because of the number of bot on the platform.
Musk's lawyers claimed in a letter that his analysis indicated the percentage of false accounts on the micro-messaging service was much higher than 5%.
The deal could be back on if more bot data is revealed.
The deal should proceed on original terms if there is a method for sampling 100 accounts and how they are confirmed to be real.
In October, the legal battle will start in the Delaware Court of Chancery. Five days is how long it is going to last.
Insider was told that the billionaire was facing a legal fight and a possible $1 billion separation fee.
The deal has already cost it $33 million, with costs expected to increase once it reaches court, according to the company.