Britney Spears confidante Sam Lutfi has been subpoenaed by Kevin Federline’s lawyer and will be questioned in January in the custody case.

A source close to Lutfi says he was served earlier this month for a deposition. “There is nothing to hide,” the source says.

Federline attorney Mark Vincent Kaplan confirms the subpoena was served Nov. 7 but that Lutfi “didn’t show” for Friday’s deposition, which was rescheduled for January.

Kaplan says he will seek a court order to ensure that Lutfi attends the January session.

Three months ago, a dramatic first attempt to serve Lutfi went awry.

At that time, Lutfi apparently became alarmed when former Israeli commando Aaron Cohen attempted to legally hand him papers near Lutfi’s Los Angeles home. Lutfi then reportedly ran his Mercedes-Benz SL500 into Cohen’s black Range Rover.

The Nov. 7 service, however, had none of that drama.

Lutfi “was in the parking lot of a place in Hollywood,” says Kaplan. “My process server asked if he was Sam Lutfi, he said yes. The subpoena was handed to him, but he wouldn’t take it. So it was dropped, literally on him. But if someone refuses to take it in their hand and you drop it at their feet, they are served.”

Kaplan declined to discuss what he expected to learn from Lutfi.

“But [Lutfi] is an adult present when [the children] are present [with Spears]. There could be a lot of relevant material,” says Kaplan. “I don’t feel he’s the key. I’m not sure what he is. That’s one thing he might identify.”

Some depositions of Spear’s associates have already been completed, according to the pop star’s former attorney, Laura Wasser. Among those subpoenaed include her cousin Alli Sims, former manager Larry Rudolph, and a former bodyguard.


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