The Town of Cary is fighting efforts by Brad Cooper's attorneys to turn over "any and all evidence" related to the death investigation of his wife, Nancy Cooper.

Early this afternoon, on behalf of Cary Police, the Wake County District Attorney's office filed a Motion to Quash three subpoenas.

Judge Debra Sasser told NBC17 she'll hear the motion Wednesday at 2 p.m.

Full Coverage: Nancy Cooper Murder

The defense team had served the subpoenas earlier this week as part of the custody fight Brad Cooper is having with Nancy Cooper's parents and sister.

In the Motion to Quash, attorneys said turning over the information is an undue burden and could jeopardize the investigation.

The motion went on to state that the town believes that the subpoenas are merely "a fishing expedition being done as an attempt to assist Brad Cooper in his defense to a potential criminal charge and are not for the purpose of showing his fitness and suitability as a custodial parent of his minor children."

Police have not named Brad a suspect.

Seth Blum, one of Brad Cooper's attorneys, told NBC17 he had no comment about the motion.

Attorneys for Nancy's family filed their own subpoena for the Cary Police late Tuesday afternoon.

The filing commands Detective George Daniels to appear and testify in the custody hearing.

Daniels has already said in an affidavit that Brad Cooper has been uncooperative and inconsistent with his stories over the last three months.

Also coming in late Tuesday was a request to include a last minute affidavit filed by a woman claiming to be Brad Cooper's former fiancée.

Attorneys for Nancy's family didn't get Jennifer Windsor Ball's affidavit until Sunday, Oct.12, and filed it the next day.

That did not meet the deadline set for affidavits.

The new motion said the plaintiff's attorneys didn't even know of Ball's existence until she contacted them over the weekend, so they couldn't possibly have met the deadline.

The motion claimed that her affidavit is important because "If Ms. Windsor Ball's Affidavit is excluded, Mr. Cooper will benefit from having provided false testimony under oath."

Ball claims to be the fiancée that Cooper referred to during a video deposition released last week; she said he incorrectly called her "Jennifer Wilson."

Ball's affidavit accuses Brad Cooper of having a history of emotionally abusive towards women, and said she was worried for her physical safety when they broke up in 1998.