A hearing in Greensboro is scheduled for Friday. Lawyers say Edwards has an undisclosed medical condition that would make it difficult for him to attend the trial if it begins as scheduled on Jan. 30. Edwards's team has requested a delay of at least two months.
Court records detailing the condition of the former Democratic U.S. senator have been kept under seal.
Attorneys for Edwards, who was the Democratic vice-presidential nominee in 2004 alongside John Kerry, also say in the motion a January trial would not give them enough time to prepare, especially given the "unusual and complex" prosecution.
"Since this trial date was set, the government has produced as part of the discovery process an additional 103,102 pages of material including more than 91,000 e-mails as well as 26 voicemails received by cooperating witnesses between 2007 and 2010," the motion says. In addition, both the government and Edwards are seeking evidence from North Carolina state courts.
"Absent a continuance, Mr. Edwards' counsel will not be able to effectively use the evidence the government was obligated to provide him ... and this, in turn, threatens Mr. Edwards' right to effective counsel and a fair trial," according to the motion.
"This is not hyperbole. Mr. Edwards' counsel are experienced trial lawyers and they are and have been working hard -- long hours, late nights and weekends -- and they have not made it their practice to seek unwarranted continuances."
It is unclear if a decision has been made on whether the trial has been delayed.
A chief issue in the upcoming trial is whether money given to support Edwards' mistress, Rielle Hunter, by the then-candidate's benefactors should have been considered campaign donations, a contention Edwards' team has disputed. They maintain the money was a gift to Hunter.
If convicted on all counts, Edwards could face 30 years in prison and a fine of up to $1.5 million.
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