Republicans have challenged his bid for office, saying he failed to meet the state's four-year residency requirement.
Lt. Gov. Kim Guadagno disqualified Lewis. But after he challenged her decision and the residency rule itself, a judge allowed the track star's name to appear on the June primary ballot.
Lewis lawyer Bill Tambussi wants to be able to question Guadagno as the case proceeds.
Meanwhile, Attorney General Paula Dow has asked that the challenge be dismissed.
The 49-year-old Willingboro native and Republican Sen. Dawn Addiego are campaigning for the seat while the courts decide whether he's ultimately eligible to run.