While Britney Spears is still nowhere near L.A. Superior Court for another hearing in the ongoing custody fight with her ex-hubby, the first witness has already taken the stand and is being questioned by Kevin Federline’s lawyer.

Today’s hearing in the ongoing custody battle between Spears and Federline, began without the singer, who was reportedly still at home one hour through the hearing.

While Federline showed up in time, Spears’ plans are still unknown, but according to PerezHilton.com, she might turn up eventually.

Early reports suggested that during today’s hearing, Federline’s attorney, Mark Vincent Kaplan, would ask that Spears’ visitation rights "be cut off completely until the trial in April," following her public meltdown almost two weeks ago, when she was rushed to the hospital for a psychological evaluation.

"I don't know if she will be there" Kaplan told The Associated Press. "You can't phone this one in."

Commissioner Gordon granted a motion from Spears' attorneys to quash a subpoena, but there was no information given about what the subpoena involved or to whom it had been issued.

Also expected to testify today, besides Federline and Spears, if she finds the way to the court, are firefighters and emergency medical personnel who showed up at the pop star’s home Jan. 3 when, wearing a see-through nighty Spears refused to hand over the kids to Federline’s bodyguard.

Superior Court spokesman Allan Parachini, who was in court, told reporters at late morning that the first of an expected eight or nine witnesses had taken the stand. The number of witnesses suggested the hearing could last most of the day.

The hearing could be one of Spears’ last chances to regain visitation rights of her two children, Sean Preston, 2, and Jayden James, 1.

Kaplan said Spears would be expected to testify and would have "the opportunity to persuade the court that she can have some visitation under monitored conditions."

In any case, today’s hearing isn’t the first one Spears would be missing out on, as she previously ditched her deposition on December 12, and then arrived nearly two hours late on its rescheduled date, January 3.