Judge Kathleen McCormick of the Delaware Chancery Court on Tuesday Twitter Inc.‘s TWTR invitation to move in Elon Musk’s personal emails as evidence in their ongoing lawsuit, which would come up for hearing on October 17.

What happened: Citing attorney-client privilege, Musk chose to withhold his personal emails Tesla Inc. TSLA and SpaceX Server.

In their decision, McCormick said Musk would have to demonstrate that he had an “objectively reasonable expectation of confidentiality” with respect to the two email accounts in order to claim the privilege.

Musk had “unrestricted” personal use of his email accounts at Tesla and SpaceX, so no one could access those emails without his express consent, the judge said, citing affidavits from Musk and IT executives at SpaceX and Tesla.

See also: Twitter Shareholders Vote for Elon Musk Acquisition: What Investors Should Know and How Next

However, SpaceX and Tesla’s email policies state that employees have no “privacy interest” in their work emails and the companies reserve the right to monitor those emails, the judge said.

“These additional facts make Musk’s privacy expectations objectively reasonable. Twitter’s request is denied.”

Previously, Twitter had argued that Musk “did not have reasonable expectations of privacy in his SpaceX and Tesla emails.” seek access to them.

McCormick also said the publicly filed versions of Twitter’s request and Musk’s opposition to disclosure of his emails were heavily redacted. She urged both parties to prepare new paperwork and eliminate redactions, and directed Musk and his team to publicly file the four affidavits they had relied on.

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