Britney Spears failed to attend her court-ordered deposition yesterday, complaining of "high anxiety", but was spotted at two gas stations later that day at 2am.

Cameras caught the popwreck and an assistant leaving her home away from home, the Four Seasons, for her other home away from home -a gas station --last night. Brit didn't answer when we asked why she missed her extremely important deposition that morning, saying little more than, "It's cold, y'all."

After filling up her tank with $50 worth of gas at the 76, she then hit up yet another gas station on Sunset - and drove off without her assistant! (TMZ)

The singer, who was due to undergo questioning by ex-husband Kevin Federline's lawyers in the custody battle for their sons, felt too "sick" to be interviewed.

Kevin's lawyer Mark Vincent Kaplan said: "I was told of a general medical condition, and Britney Spears felt she couldn't attend.

"She's going to show at a later date, but we don't waive any rights to ask for certain relief from the court as a result of having a court-ordered deposition not attended."

Britney's friend-and-assistant Sam Lufti claims the singer was distressed by the media attention surrounding her court appearance.

He said: "She is sick, both physically and high anxiety. There are millions of people outside. It's too much."

A new date for Britney's deposition has been chosen, but not been revealed.

Her questioning, which isn't expected to last longer than a day, is set to address her alleged drug use, her failure to follow court orders and her capabilities as a mother.

This isn't the first time Britney has run into trouble with Kevin's legal team.

Last month, Kaplan complained the 26-year-old singer wasn't taking her court-ordered drug tests and was failing to answer her mobile phone.

Kevin currently has temporary full custody of Sean Preston, two, and 15-month-old Jayden James and receives $30,000-a-month in child support from Britney, while she has three supervised visits a week. They have agreed to share custody over the Christmas holidays.