A federal appeals court panel on Thursday injected some doubt over whether Hillary Clinton will be forced to sit for a rare deposition confronting her practice of using a private email server during her time as U.S. secretary of state.

The new order from the U.S. Court of Appeals for the D.C. Circuit asked the lawyers in the Freedom of Information Act case to address whether there is still a pending controversy to resolve. A panel of judges—Thomas Griffith, Cornelia Pillard and Robert Wilkins—on Thursday set oral argument for June 3.

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