The federal regulator has until March 19 to file a brief.
The SEC previously asked the court to hold Musk in contempt, saying his tweet violated a September fraud settlement barring him from sharing material information about Tesla on social media without the company's preapproval.
The US Securities and Exchange Commission has until March 19 to file a brief, and US District Judge Alison Nathan gave both parties until March 26 to request an evidentiary hearing. The renewed public battle between Tesla's chief executive and the SEC adds pressure on Musk, the public face of Tesla, who is struggling to make the company profitable after cutting the price of its Model 3 sedan to $35,000.
Lawyers for Musk said the tweet complied with the company's communication policy for senior executives and was a"proud and optimistic restatement of publicly disclosed information."
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