GRAND RAPIDS, Mich. (WOOD) — A Michigan appeals court ruling late Tuesday means Gov. Gretchen Whitmer will not have to testify in court Wednesday.

An Oakland County judge is scheduled to hear testimony Wednesday in a court case about the legality of abortion in Michigan.

There is currently a temporary restraining order in place that stops county prosecutors from following Michigan’s 1931 law banning abortion.

At Wednesday’s court hearing, a judge will hear arguments on behalf of Kent County Prosecutor Chris Becker and the Jackson County prosecutor, arguing that they are not bound by the court’s ruling and should be able to file criminal charges for abortions performed in their counties, if they see fit.

Lawyers for the two prosecutors wanted Whitmer to testify. The judge and appeals court decided the governor does not need to testify personally.