The 2nd U.S. Circuit Court of Appeals will review a judge's order to unseal sworn testimony related to Epstein, including a April 2016 deposition from Maxwell and a deposition by an Epstein accuser.
Maxwell, 58, has said negative publicity from the disclosure of "intimate, sensitive, and personal" information from her deposition would violate her right against self-incrimination, and imperil a fair trial because jurors might hold it against her.
The British socialite has pleaded not guilty to charges she helped Epstein recruit and groom underage girls as young as 14 years old to engage in illegal sexual acts in the mid-1990s, and not guilty to perjury for having denied involvement under oath.
Maxwell was arrested on July 2 in New Hampshire, where prosecutors said she had been hiding out.
She has been locked up in a Brooklyn jail after U.S. District Judge Alison Nathan, who oversees the criminal case, called her an unacceptable flight risk. Maxwell's trial is scheduled for July 2021.
Epstein, a registered sex offender, killed himself at age 66 in August 2019 at a Manhattan jail while awaiting trial on sex trafficking charges.
Maxwell's request to keep the deposition under wraps is opposed by Virginia Giuffre, who has said Epstein kept her as a "sex slave" with Maxwell's help, and that Maxwell could have invoked her right to remain silent while being deposed.