Lawyers for President Donald Trump asked a judge on Monday to order Rupert Murdoch to sit for a deposition within 15 days for Trump’s $10 billion lawsuit accusing the media mogul of defaming him in a Wall Street Journal article about a “bawdy” birthday letter to sex offender Jeffrey Epstein.

Trump’s lawyers cited Murdoch’s advanced age to submit to questioning under oath as a chief argument in their motion to compel him to testify earlier than would be normal in such a lawsuit, suggesting that Murdoch will either be too ill or dead to testify by the time the case goes to trial.

“Murdoch is 94 years old, has suffered from multiple health issues throughout his life, is believed to have suffered recent significant health scares, and is presumed to live in New York, New York,” Trump’s lawyers said in their legal filing in Miami federal court.

“Taken together, these factors weigh heavily in determining that Murdoch would be unavailable for in-person testimony at trial,” the lawyers wrote.

The attorneys also cited the fact that there is, as yet, no order scheduling the exchange of evidence and testimony in the case.