The hip-hop mogul has been locked in a California court battle with Fahmy since 2007, after he alleged Jay Z's hit song violated his rights to his uncle Baligh Hamdy's composition, Khosara, Khosara, which was released in 1957.

Jay Z has maintained the song is protected under a previous licensing agreement made by his track's producer Timbaland, and the case is now heading for trial with a court date of 13 October (15).

However, on Friday (02Oct15), the rapper filed papers to have the trial delayed after discovering Fahmy would be submitting his testimony through a six-year-old video, according to Billboard.com.

The legal papers read: "Plaintiff's eleventh-hour gambit is an obvious attempt to avoid cross-examination at trial. It should not be sanctioned by this Court."

A judge has yet to rule on the request.