The Easy Rider star and wife Victoria Duffy have been locked in a bitter divorce battle since Hopper filed papers shortly after revealing he was stricken with prostate cancer earlier this year (10).
Hopper, who has already been ordered to pay Duffy $12,000 (£7,500)-a-month in spousal and child support by a Los Angeles judge, insists he cannot sit for a full deposition to determine how to split their assets as he is too frail.
In March (10), the actor's lawyer Joe Mannis submitted a declaration from Hopper's doctor, in which the medic stated, "It is doubtful that Mr. Hopper will ever recover sufficiently to be subject to a deposition."
But Duffy's legal team has filed response documents outlining evidence they believe shows Hopper could attend a hearing - claiming the star regularly lunches with pals, travels abroad and visits dispensaries to buy medical marijuana.
The lawyers have also pointed out that he made a public appearance - albeit an extremely fragile one - when he was honoured with a Hollywood Walk of Fame star in March (10).
In the papers obtained by E! Online, Duffy's lawyers state, "(Hopper is) not bed-ridden and continues to engage in travel plans and various activities", before listing his outings.
Meanwhile, Duffy adds that she is not trying to put "extra stress" on her husband, and "fully appreciates the gravity and seriousness of (Hopper's) illness."