UPDATE: Judge Kenneth D. Bell has ordered Rick Hendrick to make time for a deposition.
The court ruled that while Hendrick’s testimony won’t be excluded once the trial starts, his 2.5-hour deposition must be scheduled before the trial begins. Both parties are instructed to cooperate to find an appropriate time for this.
—
Recently, a court ruling has compelled Rick Hendrick and Roger Penske to participate in oral depositions prior to the antitrust trial involving 23XI Racing, Front Row Motorsports, and NASCAR. However, Hendrick has yet to agree on a suitable date due to scheduling conflicts. Because of this delay, 23XI and Front Row are asking the court to prohibit Hendrick from testifying.
Originally, Hendrick’s deposition was set for November 18, 2025, at Hendrick Automotive Group’s Charlotte office, convenient for the defendants. But the plaintiffs canceled this date, and Hendrick’s deposition was declared unavailable for that day. The plaintiffs suggested taking the deposition during the first week of the trial instead, but Hendrick’s lawyers pointed out this would disrupt their trial strategies and focus. The plaintiffs argue that Hendrick’s late withdrawal unfairly prejudices their case, given NASCAR’s delayed disclosure of him as a witness, causing tight scheduling.
NASCAR requested Hendrick, Penske, and others to testify against 23XI and team president Jim France, who is also a defendant in the Front Row lawsuit. Both 23XI and Front Row accused NASCAR of “punch bagging” their participation after the key facts were already established a month before the trial. Judge Bell stated it was unreasonable for Hendrick and Penske to argue that their questioning should exclude race team finances and ordered them to question 23XI and Front Row without restrictions.
NASCAR responded that Hendrick could provide an affidavit during the trial’s first week. They noted Hendrick is scheduled to testify likely in the week starting December 8, with available days on December 6 and 7 prior to trial for his deposition. The plaintiffs have multiple lawyers ready to handle this brief deposition and emphasized it will not exceed 2.5 hours. Courts often require witnesses to be available for depositions before their court testimony, even if it overlaps with the trial.
NASCAR denied claims that Hendrick is inflexible. Hendrick’s attorneys have shown they may accommodate a deposition after December 1 if needed and have offered various solutions, but plaintiffs refused these and did not proceed with the deposition on November 18. NASCAR also noted that 23XI and Front Row recently served subpoenas on a witness not listed by the plaintiffs, questioning their claims of prejudice.
In summary, NASCAR insists Hendrick testify on their behalf and opposes barring his testimony simply because his deposition hasn’t been completed before trial.
—
Fan Take: This legal battle shines a spotlight on the growing tensions within NASCAR’s competitive landscape, especially involving high-profile stakeholders like Hendrick and Penske. For fans, how this case unfolds could affect team dynamics and the sport’s governance, making it a pivotal moment to watch closely.
