Fox News reporter Jana Winter is asking the judge in the Colorado theater shootings to postpone a September hearing on a story she wrote until a court in her home state of New York can hear her request to reject a Colorado subpoena.
Winter's request was made public Monday.
The Colorado court issued a subpoena seeking the identity of Winter's confidential sources for a story that said suspect James Holmes sent violent drawings to a psychiatrist.
Holmes' attorneys said Winter's sources violated a gag order. They also said officials who denied being Winter's source might have lied, undermining their credibility as witnesses.
Colorado needs New York's approval to enforce the subpoena. Two New York courts have ruled the subpoena is valid, but Winter has appealed to the state's highest court.