With the antitrust trial between 23XI Racing and Front Row Motorsports versus NASCAR set to start in less than a week, NASCAR has requested the court to order that three owners from 23XI be barred from the courtroom unless they are testifying, and two additional owners be excluded if they take the stand. This move is grounded in Federal Rules of Evidence, specifically Article 615, which permits courts to exclude witnesses from hearing other testimonies to prevent them from shaping their own accounts based on what others say. However, exceptions exist for persons representing parties in the trial.
NASCAR wants Denny Hamlin, Michael Jordan, and Curtis Polk kept out of the courtroom except when testifying. In response, 23XI argued that Michael Jordan qualifies as an individual representing the party and has filed a motion to allow all three owners to be present. They pointed out that Polk was a counterdefendant in NASCAR’s now-dismissed counterclaim, but since an appeal is possible, Polk should still be allowed access. Additionally, 23XI contends that both Hamlin and Polk play vital roles in the case, having key knowledge essential to their claims, emphasizing Hamlin’s unique involvement in the team’s operations.
NASCAR, through lead attorney Chris Yates, emphasized the importance of witness isolation to prevent testimony contamination, referencing legal precedents that support their position. They argued that simply labeling someone a “key witness” is insufficient to override these rules and stressed that Jordan, Polk, and Hamlin are crucial witnesses whose testimonies might be influenced otherwise. The judge is expected to rule on this issue likely before Thanksgiving.
Fan Take: This legal battle highlights the high stakes and intense scrutiny within NASCAR’s ownership and operational structures. For fans, the trial’s outcome could reshape relationships and control within the sport, affecting its competitive landscape and future governance.
