Hayne wants to be deposed in Australia ahead of their civil trial in San Jose, California, but the alleged victim, known in court filings by the initials JV, argues Hayne should be in California for the high-stakes questioning.

Lawyers for both sides have indicated a judge may have to decide the matter.

"Defendant contends that the appropriate forum for defendant's deposition is in Australia," lawyers for both sides, in a joint US District Court filing to update the case, wrote.

"If the parties cannot agree on a location for this deposition, the parties will submit this discovery dispute to the Magistrate Judge."

JV claims she was a virgin and heavily intoxicated when she met Hayne at a San Jose bar with friends in 2015 while he was playing in the NFL with the San Francisco 49ers.

She alleges having "minimal interaction" with Hayne at the bar and taking an Uber with him to his apartment where he sexually assaulted her.

Hayne has strongly rejected her rape claim and said they "willingly engaged in sexual interaction that did not include sexual intercourse".

Police investigated and decided not to charge Hayne, but JV pushed ahead by filing a civil lawsuit in California seeking monetary damages.

The matter is still more than a year from being decided, with a jury trial scheduled to take place on January 27, 2020.

Depositions with San Jose Police Department Officers Brandon Scholton and Steven Biebel are scheduled to take place next week.

"Counsel for the plaintiff has previously asked San Jose Police Department to preserve any physical evidence collected and held in the investigation of the matter, and the parties will likely arrange for forensic testing of certain items seized by the San Jose Police Department," the joint court filing states.

Two other potential key witnesses in the case, Hayne's friends Bryce Poisel and Tim Dengate, may fly to Los Angeles to be deposed.

"The parties have agreed in principle to split the reasonable costs of flying Australian foreign nationals Bryce Poisel and Tim Dengate for depositions in Los Angeles, California," the court filing states.

"However, in the event that the parties cannot come to an agreement on the costs, defendant intends to bring a motion for issuance of letters of request for permission to depose those witnesses in their home country of Australia."

Hayne's and JV's legal teams met in May for mediation talks, but were unsuccessful.

They have not ruled out meeting up again to resolve the case before trial.

"The parties may conduct a second attempt at mediation after some discovery has been conducted," the filing said.

Australian Associated Press