KNOXVILLE, Tenn. – Tennessee coach Phillip Fulmer will not have to give a deposition in a lawsuit involving a former Alabama booster next week.

Fulmer was issued a subpoena on July 24 during the Southeastern Conference football media day to give testimony for Wendell Smith’s lawsuit against the NCAA stemming from a decade-old Alabama recruiting scandal.

Fulmer was ordered to give a deposition on Sept. 25, two days before the Vols play at Auburn. According to a court filing, attorneys for Fulmer and Smith agreed that he would not be required to testify then.

Smith sued the NCAA in 2003, alleging defamation and invasion of privacy that hurt his reputation and his career.