By Jen Heger - Breaking Celebrity News Assistant Managing Editor

UPDATE: The judge has ruled that Britney won't testify at the trial.

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Sam Lutfi's lawyer has formally petitioned the judge overseeing his lawsuit trial to order Britney Spears to take the witness stand and testify, Breaking Celebrity News is exclusively reporting.

Despite prior rulings by the judge handling Spears' conservatorship that the pop star can't be forced to testify or be deposed, Lutfi's lawyer has continued to demand that Spears be ordered to take the stand.

As Breaking Celebrity News previously reported, Britney is "terrified" she will be forced to testify.

"Britney doesn't want to see Sam Lutfi or be in the same room with him again, ever," a source previously told Breaking Celebrity News. "She is terrified that she is going to be forced to testify in the trial, even though the judge handling her conservatorship ruled she isn't mentally competent to participate.

Lutfi is suing Britney and her parents, Lynne and Jamie Spears for breach of contract, libel and defamation for comments Lynne made in a book about her life.