Edward's mistress, Rielle Hunter, has sued Edwards' former aide, Andrew Young, and his wife, over ownership of the video.
Hunter says it's her property, but the Youngs say she left it behind in the house they all shared while concealing the affair with Edwards.
Edwards' attorney is asking that if his deposition is videotaped that it not be released to the media unless it is shown in court and becomes public record.
He's also asking that questioning be limited to custody of the videotape.
It is unclear when Edwards will give his deposition.