The judge presiding over the case against Fiji's military, filed by the country's deposed Prime Minister, says he will not make a decision at this stage as to whether Laisenia Qarase is needed to present in court.
Mr Qarase and other members of his deposed cabinet are challenging the legality of the military overthrow.
He had earlier indicated he would return to Suva after Easter to be the main witness for when his case is to be heard.
The Fijivillage website reports the acting Chief Justice, Anthony Gates, as saying the issue may change as emergency regulations could be reviewed.
However, the military maintains it will not allow Mr Qarase to travel to Suva.
Justice Gates gave Mr Qarase's lawyer until next Thursday to file supplementary affidavits with the High Court.
The case will be called again on April the 11th.