Enterprise Representative Barry Moore wants a recorded phone call to not be used in the perjury case against him.
Moore's lawyers say the phone call is the basis of the trial against him.
In a motion filed today, they claim it was illegally recorded by Josh Pipkin, Moore's opponent in the June primary.
Moore's attorney says he was in Florida where state law requires both parties to consent to a call being recorded.
In the call, Moore told Pipkin Alabama House Speaker Mike Hubbard was furious Pipkin was running.
Prosecutors say Moore lied about the conversation to a grand jury.
Trial is set for September 15th.