Edwards' request on sex tape case due before judge

By the Associated Press | June 15, 2011 | 3:11 PM EDT

This undated photo released by the U.S. Marshals Service, Wednesday, June 15, 2011, shows the profile of former U.S. Sen. John Edwards, D-N.C., who pleaded not guilty to conspiracy and campaign law violations in early June. (AP Photo/U.S. Marshals Service)

RALEIGH, N.C. (AP) — Lawyers for John Edwards are set to argue that a lawsuit involving a purported sex tape should wait until after criminal charges against the former senator are resolved.

Last week, Edwards asked an Orange County court to delay his testimony in a lawsuit filed by his former mistress Rielle Hunter. Edwards says the case should wait for the outcome of a federal indictment on charges of violating campaign finance laws. The 2004 Democratic vice-presidential nominee has pleaded not guilty.

Edwards' motion is scheduled to be heard Thursday morning.

In the lawsuit, Hunter contends that former Edwards campaign aide Andrew Young improperly took from her sensitive materials, including a reputed sex tape showing Edwards. She wants the items returned to her.

Also on Wednesday authorities released booking photos from Edwards' arrest.