The Oscar-winning former "House of Cards" actor won't be present for Thursday's hearing at Nantucket District Court.
Spacey's attorneys have been seeking to preserve phone and electronic records between the man — who says Spacey unzipped his pants and fondled him — and the man's girlfriend at the time.
Spacey pleaded not guilty in January to felony indecent assault and battery. His lawyers have called the accusations "patently false."
The assault allegedly occurred at a restaurant on the island off Cape Cod where the young man worked as a busboy.
It's the first criminal case brought against Spacey after several sexual misconduct allegations crippled his career in 2017.