SAN FRANCISCO -- The baseball Barry Bonds swatted for his record 73rd home run is headed to trial.

A judge ruled Tuesday it's unclear who should keep the million-dollar memento -- the man who first gloved it, or the man who took it home after a tussle among fans.

Superior Court Judge David Garcia ruled the ball should remain locked up until a trial answers whether it belongs to Alex Popov, who snatched it and says he was robbed in the ensuing struggle, or Patrick Hayashi, who says he found it loose amid the skirmish.

Garcia did not set a date, but the trial likely won't start until next baseball season, lawyers for both men said.

The custody dispute is believed to be the nation's first trial over fan ownership of a ball hit into the stands at a major league stadium.

Popov sued Hayashi days after the San Francisco Giants slugger hit the home run Oct. 7 at Pacific Bell Park. The ball could be worth more than $1 million, according to the man who brokered the $3 million sale of Mark McGwire's then-record 70th home run ball in 1998.

But that value will dip if, next spring, someone begins to launch home runs at a pace projected to surpass Bonds' single-season record.

To protect against potential loss of value, the judge ordered Popov to post a $100,000 bond within three days. Garcia also agreed to Popov's request that lawyers from both sides go to verify that the ball sitting in a safe deposit box is indeed No. 73 and not a fake.

Outside court, Popov called the results "a victory for the fans."

He said he'd prefer to settle the issue over a beer, but failing that, must press forward.

"The mob mugged me," Popov said. "I want my ball back."

Not everyone believes Popov was "mugged."

Jeff Hacker -- who said he was on top of Popov in the scrum -- told ESPN.com's Darren Rovell that while he believes Popov had possession of the ball, he lost it because he tried some trickery of his own. Popov lost the ball because he tried to put the No. 73 ball in his pocket and place another ball -- with the words "sucker" written on it -- in his glove, Hacker said.

"Popov opened his glove and in his glove was a different ball," Hacker wrote in the declaration submitted on Nov. 20. "I said, 'that's not the ball.' Popov said, 'I've got the real ball.' Popov was patting his stomach and checking his pockets. Popov later told me he had moved the ball into his pocket."

Hacker has given a recorded statement to Hayashi's attorney Don Tamaki and has submitted a written declaration to the court on behalf of Popov.

"While we all stated that we did not believe Alex was attacked, nor did he have the ball taken away from him, Alex's attorney continues to make statements indicating that's what happened," Hacker told ESPN.com. Hayashi shied away from court, but in a written statement said he was compelled to defend his reputation.

"I've been asked many times about a settlement," Hayashi said, "but it's difficult to make friends with the schoolyard bully."

Hayashi suggested the ball be put on public display during the legal fight, "so that other fans can appreciate such a historic piece of baseball memorabilia."

Ahead of the trial, lawyers from both sides will continue interviewing witnesses and preparing their arguments.

Though the facts of the case were not discussed in court Tuesday, both sides made their case outside to a scrum of reporters.

Popov never closed his glove around the ball, said Hayashi's lawyer Don Tamaki, citing testimony he has collected from former major league umpire Rich Garcia.

If Popov didn't catch the ball he never possessed it, so he shouldn't be entitled to it, Tamaki added.

Citing a local TV videotape, Popov said he clearly caught the ball before being crushed by fans on the right-field arcade. He said he held it for at least 45 seconds. His lawyer, Marty Triano, pitched the case as a fight to protect fans from a "last-man-standing" approach to the issue.

"Nobody wants Pac Bell turned into a European soccer riot," Triano said.

Information from The Associated Press was used in this report.