Hunter - former mistress of presidential candidate John Edwards - is suing former Edwards aide Andrew Young over a video recording purportedly of her and Edwards having sex. She wants the video and some still pictures returned. The Youngs have said Hunter left the items at their house.
The Youngs asked the judge to dismiss the lawsuit because Hunter has repeatedly delayed giving a deposition.
At a hearing Wednesday, Superior Court Judge Allen Baddour gave both sides a little more than an hour to make their arguments.
Hunter's attorneys said they were concerned the Youngs might try to profit from any testimony she gives.
"The only reason we're here today is that the defendants are anxious to continue to use very personal and private things, most anything, for commercial gain - to further the sale of their book," charged Hunter attorney Wade Barber.
Barber was referring to Young's book "The Politician" in which he chronicles his role in hiding Edwards' affair from the public.
But Young's attorneys challenged the need for secrecy, pointing out that Hunter has given in depth interviews to Oprah Winfrey and GQ Magazine about her affair with Edwards and the daughter it produced.
"My clients, their only fault in that was their support of John Edwards. So that's where it was when the case started. The case deserves light in addition to all this heat," said Young attorney Hoppy Elliot.
Baddour refused to dismiss the lawsuit, but he did order Hunter to give a deposition. He ordered it sealed for 45 days. After that, both sides will have to agree on what will be made public.
In the meantime, the sex tape has been turned over to the judge who's ordered it kept under lock and key.