Britney Spears will not be required to appear in court as part of her conservatorship’s attempt to gain permanent restraining orders against Sam Lutfi and Jon Eardley, according to E! Online.

A Los Angeles Superior Court judge reportedly stated, “There was a finding of a judge of the Superior Court that she lacks the capacity to testify,” after hearing closing arguments on Tuesday.

Spears fell under the conservatorship of her father, Jamie Spears, in February 2008 when it was ruled that the pop star wasn’t mentally fit to make her own legal decisions.

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