Hunter was not in attendance. Former Edwards' aide Andrew Young and his wife Cheri weren't there either.
Hunter is suing the Youngs saying she owns the tape. The Youngs have argued they own it because Hunter abandoned it at a home she shared with them.
In court Wednesday, attorneys discussed Hunter's amended complaint, the Young's request for more discovery, and their motion for a protective order before Superior Court Judge Carl Fox.
Hunter's attorney made their argument for why their client should either be given damages or restitution. They want money from the profits from Andrew Youngs tell all book about John Edwards called "The Politician."
Young's attorney argues Hunter only wanted the sex tape after the book came out.
“Nobody’s making money on the Edwards’ sex tape and nobody has ever made money from the tape,” said Robert Elliot, Andrew and Cheri Young’s attorney.
According to Elliot, the most important legal question is who really owns the Edwards’ sex tape?
Hunter's attorney argued Young stole items that helped him sell his book.
“[Young] legally cannot profit from his wrongdoing,” said Wade Barber, Hunter’s lead attorney.
Hunter worked for the John Edwards for president campaign as a videographer.
In court Wednesday, Young's attorneys claimed evidence will show Hunter’s contract with the Edwards’ campaign will show all tapes and the video camera that were used by Hunter were bought and paid for by the Edwards Campaign Committee. They contend every video of Edwards by Hunter is the property of the Edwards Campaign - not Hunter.
Later in the hearing, Judge Fox said he is willing to order John Edwards to testify after Young's attorney complained he couldn't find the two-time presidential candidate.
Elliot said he has been unable to serve Edwards with a subpoena. Fox said he is willing to sign papers ordering Edwards to appear for a deposition if Elliot is not able to find the former North Carolina senator soon.
Hunter's attorneys said they would like time to make arguments before the judge takes that step.
A spokeswoman for Edwards declined immediate comment.