Kim Dotcom's extradition hearing will go ahead this morning after nearly four years of delays.
A hearing was held at Auckland District Court on Monday to determine the structure of proceedings over the next four weeks.
The United States Government - represented by Crown Law - argued the extradition eligibility hearing should be heard first before multiple applications by the defendants for a stay of proceedings.
Judge Nevin Dawson agreed and he will now have to decide whether there is enough evidence to surrender Dotcom, Mathias Ortmann, Bram van der Kolk and Finn Batato, to US authorities.
The defendants' lawyers told the court the extradition hearing was unfair because the Crown had deliberately restricted them from accessing funds to retain the services of US legal and technical experts.
They wanted multiple applications for a stay of proceedings heard before the extradition case.
Judge Dawson said the court had to balance the principles of the delivery of justice in a timely manner with the right of the parties to a fair hearing.
"This case has now been before this court for over three and a half years ... It is now the 10th time this case has been set down for hearing," Judge Dawson said.
The judge said the stay applications by the defendants could be heard during the extradition hearing, rather than beforehand.