Judge Kenneth D. Bell has ruled in the case of 23XI Racing and Front Row Motorsports versus NASCAR that prominent team owners Roger Penske and Rick Hendrick must undergo full pretrial depositions in person without any limitations regarding this legal matter. Both teams requested to restrict questions related to their finances and preferred depositions to be conducted via Zoom, accusing Penske and Hendrick of seeking special treatment, a claim the judge upheld against. The court emphasized that all trials must be conducted transparently and fairly, adhering strictly to the law regardless of the individuals’ or companies’ status. NASCAR has stated that Hendrick and Penske will be witnesses in the trial starting December 1st, granting the plaintiffs the right to depose and cross-examine them without restrictions under federal regulations. The motion by the plaintiffs to obtain protective orders was denied.
The controversy arose after NASCAR added Penske and Hendrick to the witness list post fact-finding, which 23XI and Front Row argued was an unfair tactic to undermine their participation. Jim France personally requested these owners to testify while allowing 23XI and Front Row to remove any witness from the stand. Despite Penske and Hendrick’s reluctance to disclose financial information under oath, it was ruled that their agreement to testify for NASCAR no longer shields them from depositions. Furthermore, 23XI and Front Row insisted that with the trial scheduled in Charlotte, there was no excuse for Penske and Hendrick not to appear in person for depositions.
Fan Take: This legal battle highlights the behind-the-scenes power dynamics within NASCAR, showing how key figures aren’t above scrutiny. For fans, it’s a reminder that transparency and fairness in the sport’s governance are crucial to maintaining competitive integrity and trust.
