Twitter Inc's battle with Elon Musk over his $44 billion takeover will be tested for the first time on Tuesday when a court will evaluate the company's request for a fast-tracked trial, which it argues needs to prevent deal financing from collapsing.

Musk is attempting to back out of the transaction over Twitter's "spam" accounts, which he claims are critical to the firm's worth. The San Francisco-based company is hoping to end months of business uncertainty.

Twitter has requested that Delaware Court of Chancery Chancellor Kathaleen McCormick find Musk in breach of the merger agreement and require him to complete the transaction at the agreed-upon price of $54.20 per share.

According to the company, Twitter desires an expedited trial in September because Musk is defaming Twitter and hurting operations by refusing to accept business initiatives such as an employee retention strategy.

According to the corporation, embracing Musk's "slow walk" idea for a trial in 2023 provides little time for extra litigation over deal finance if Musk is ordered to close. The financing for the deal ends in April.

Musk accused Twitter on Friday of pursuing a "warp speed" trial to "railroad" him to acquire the company.

Since agreeing in April to purchase Twitter, Musk has questioned if the firm misled regulators about bogus accounts and bots. He requested a February trial to allow him sufficient time to investigate.

Last week, Twitter's stock fell from above $50 per share when the acquisition was announced to as low as $32.55.

Professor of law at the University of Connecticut, Minor Myers, predicted that McCormick would adopt a trial timetable similar to Twitter's plan.

"The longer it drags on, the more distraction for Twitter," he said. There are additional risks and potential problems.