Musk's legal team filed the subpoena to Dorsey on Monday as part of an effort to claim that Twitter's leadership had been deceptive about the number of bots on the platform, part of his defense against a suit by Twitter meant to prevent him from canceling his $44 billion purchase of the company.
The subpoena requests that Dorsey provide all communications on digital or physical platforms related to the proposed merger, the daily number of active users, and the proposed business plans about those estimations.
Musk also aspired for intelligence on "incorporating [the daily number of active users] into executive or director compensation," according to the filing.
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Dorsey's subpoena arrived as part of several subpoenas to several other entities regarding Twitter's deal, including FSG Global, former Twitter employee Kayvon Beykpour, and Discord Inc.
Musk and Dorsey have a long history of friendship. Dorsey expressed faith in Musk's attempt to take over Twitter and said he supported the billionaire's wish to build a platform that is "maximally trusted and broadly inclusive." The two have also connected over a common interest in cryptocurrency.
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Dorsey is expected to obtain a giant paycheck from the proposed deal. Dorsey, who owns 2.4% of Twitter's shares and is on the board of directors, is set to receive a payout of $978 million should the deal be closed, according to the Hollywood Reporter.
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Twitter and Musk's legal teams are expected to meet for a five-day trial from Oct. 17 to Oct. 21, when they will have an expedited trial over Twitter's lawsuit about Musk's termination of the deal. Twitter filed multiple subpoenas regarding Musk's associates in the hope of seeking information on any communications that discussed the funding of Musk's planned $44 billion acquisition of the company.
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Musk's legal defense has focused on finding evidence that Twitter has been deceptive about the number of users it categorizes as bots. A judge from the Delaware Court of Chancery ruled on Aug. 15 that Musk could only interview 1 out of 22 Twitter employees involved in the testing or confirm the number of bots on the platform.
Twitter continues to move forward as though the deal has been stressed. The company called for a Sept. 13 special meeting among shareholders to vote in favor of the Musk acquisition.
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