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Britney will not be required to appear at trial

Team trying to obtain permanent restraining orders against Lutfi, Eardley

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updated 5:54 p.m. ET April 22, 2009

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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Restraining orders against Lutfi, Spears’ former manager, and Eardley, a lawyer who has claimed to be representing the singer against the conservatorship, were extended until April 28.

Eardley’s attorney, Roger Diamond, reportedly filed a motion on April 10 that asked for Spears to testify before closing arguments, but she was not present on Tuesday.

“Britney Spears is crying out for help,” Diamond said.

Spears’ lawyers, however, called Lutfi and Eardley “predators.”

Though she didn’t appear, Spears was certainly available for a court date — her “Circus” tour marched through the Los Angeles area recently with four dates in L.A. and Anaheim. Her next stop is in Oakland on Wednesday night.

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