The star alleges a paparazzi photographer scaled an eight-foot wall to take photographs of her while she was sunbathing in her back garden.
The photos ended up being used in magazines published by Man's World Publications and Crescent Publishing Group.
The case will be heard on 2 July only by a judge after US District Judge Ronald Lew ruled Aniston's lawyers had not requested a jury be assigned when they first filed the lawsuit.
Aniston, 33, is set to give evidence at the Los Angeles court.
Although Aniston is a high-profile celebrity, commanding a reported $1m (£700,000) per episode of the US comedy Friends, she is protective of her privacy.
Her wedding to actor Brad Pitt was a lavish affair but the couple released just one photograph from the ceremony.
The topless pictures were taken in February 1999 and later appeared in magazines Celebrity Skin, High Society and Celebrity Sleuth.
Damages
They were reportedly also reprinted in the Italian magazine Eva Tremila, the British newspaper Daily Sport and the French publication Voici.
Aniston is seeking unspecified damages and wants a ban to be placed on further distribution of the pictures.
The legal action claims the magazines violated Aniston's right to privacy after the photographer climbed a neighbour's fence to take the pictures.
Aniston has settled a lawsuit against Celebrity Sleuth and has sued photographer Francois Naverre over the taking of the pictures.
Aniston and Pitt recently settled a lawsuit with a jewellery designer they accused of copying their wedding rings.
The couple filed a $50m lawsuit against Silvia Damiani and Damiani international, claiming the company was reproducing and selling the rings, which were designed by Ocean's Eleven star Pitt.
The case was settled out of court with Mr Damiani calling it an "unfortunate" misunderstanding.
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