After numerous attempts to depose Drake by the defense attorney of one of the men accused of killing XXXTentacion, the Canadian rap star’s lawyer appeared in court to argue whether or not Drake should have to sit down for questioning concerning his alleged connection to the South Florida rapper’s murder.

The trial for Michael Boatwright, Dedrick Williams and Trayvon Newsome, three of the four men accused of being involved in XXXTentacion’s 2018 murder, continues this week. On Monday (Feb. 13), Drake’s lawyer appeared in court to respond to Judge Michael Usan recently signing off on an order that mandates Drake show up for a deposition in the case or face possible consequences. In a livestream from court shared on YouTube by Law&Crime Network, Drake’s attorney argued that the subpoena affidavit was not filed properly.

“I think that the affidavits attached to the motion are insufficient,” Drake’s attorney told the judge at the :20-mark of the video below. “I don’t believe that an order to show cause is appropriate given the lack of foundation in the petition. There’s not only missing pages but the things that are attached to it, the affidavits that were filed, were insufficient to warrant an order to show cause.” Dedrick Williams’ defense lawyer Mauricio Padilla stood firm on his stance that Drake should be deposed as part of his client’s due process. Drake’s lawyer was not totally against this if the paperwork were filed and subpoenaed properly but noted that he would again fight the deposition due to it being inconsequential to the case. In the end, Judge Usan urged for the deposition to take place, noting he would make some stipulations.