Oath the Humanity: Brit Nixes Deposition

Wed., Dec. 12, 2007 11:00 AM PST by Gina Serpe

Britney Spears can face the music. It's the lawyers she seems to be having trouble with.

The pop star was expected to submit to questioning from Kevin Federline's attorneys Wednesday morning, giving her long-delayed deposition in the ex-couple's ongoing custody battle. But E! News has learned that the singer has not and will not be giving testimony, blaming high levels of anxiety on her legal no-show.

Sam Lufti, Spears' primary hanger-on of late, said the singer's anxiety level was too high for her to honor the appointment and that she bailed on the meeting after phoning a doctor.

Per Lufti, Spears had every intention of making the deposition and said the duo "got up and ready to go" to the offices of Federline's lawyer.

"Her attorneys came to pick her up, but when she saw the media frenzy outside her house, her anxiety skyrocketed."

Lufti said they then phoned a doctor and spoke with Spears' attorneys, who agreed it was in their client's best interest to reschedule the deposition.

Spears' under-oath testimony was scheduled to kick off at the Los Angeles offices of Federline's main legal man, Mark Vincent Kaplan, at 10 a.m., but the hour came and went with nary a sign of the singer.

Just after 11 a.m., Kaplan told reporters he had been informed that Spears would not be coming, and that the deposition would be rescheduled for a later date, which has been selected but not yet disclosed.

"I was told of a general [medical] condition, and [Spears] felt she couldn't attend," Kaplan said to a crowd of media types outside his office, adding that he would be seeking a court sanction against the singer for failing to appear at today's deposition.

The Q&A session, which Federline's lawyers have been laboring for more than a year to secure, was expected to last most of the day.

The 26-year-old was due to be grilled on such issues as her past drug and alcohol use, her struggles to abide by Court Commissioner Scott M. Gordon's orders, her penchant for rolling over the feet of bystanders and her general fitness as a mother to sons Sean Preston, 2, and Jayden James, 1.

A November motion from the Department of Child and Family Services made public last week indicated the agency "has concerns of its own regarding the safety and welfare of the children if the children are left in the mother's care."

Fortunately for Spears, the details of her deposition, whenever it now may be, won't be fit for public consumption.

On Oct. 26, Gordon ruled the session could not be videotaped, after Spears' legal crew voiced fears the recording would be leaked.

Kaplan has already grilled several members of Spears' posse, including sidekick Alli Sims, former manager Larry Rudolph and former bodyguard and manny Daimon Shippen.

Spears second banana Sam Lufti was scheduled to be deposed Nov. 30, but, like Spears, he failed to show for his appointment. Federline's camp is planning to file a motion compelling the self-styled movie producer to testify in January.

The 29-year-old Federline was granted primary physical custody of his sons with Spears earlier this year, with supervised visitation given to his ex. Last month, attorneys for the duo managed to keep it civil long enough to hash out a holiday schedule without assistance from the court.

The boys are expected to divide their Christmas custody logging Yuletime at casas Spears and Federline.