On Monday, 23XI Racing and Front Row Motorsports filed a legal request with the Western District of North Carolina court, urging that Rick Hendrick and Roger Penske be compelled to give detailed depositions before they testify for NASCAR in an upcoming antitrust trial. Both Hendrick and Penske, veteran team owners, were surprisingly added to NASCAR’s witness list last month. 23XI and Front Row argued that this late inclusion seemed like a delay tactic since neither Hendrick nor Penske had been previously identified as having discoverable information related to the case.
23XI and Front Row revealed they had asked both Penske and Hendrick three times if they intended to testify, to which both replied negatively—making their eventual involvement unexpected. Consequently, the two teams moved to have Hendrick and Penske appear for deposition hearings. However, both owners opposed the motion, requesting limitations on the scope of questioning and preferring to conduct depositions via Zoom instead of in person.
The filing from 23XI and Front Row accuses Penske and Hendrick’s objections of seeking special treatment and insists confidentiality concerns about financial details shouldn’t shield them from relevant cross-examination in open court. They argue that if there’s a valid reason to seal certain information, it should be dealt with under strict court protocols.
Although 23XI and Front Row could have opposed NASCAR’s late addition of Hendrick and Penske as witnesses, they instead see the chance to obtain valuable information about several key topics, including NASCAR’s charter system, negotiations for the 2025 charter renewal, economics of team ownership, NASCAR’s NextGen program, and Penske’s role in IndyCar ownership. For example, they want to question Hendrick about statements regarding Hendrick Motorsports’ profitability under the charter system, given that Hendrick’s partner Jeff Gordon, involved in negotiations, publicly stated the team hasn’t been profitable for a decade.
The teams also reject the idea of remote Zoom depositions, noting they are willing to travel to Charlotte for a face-to-face questioning. Additionally, they seek to clarify why Hendrick Motorsports can own four charter cars despite new restrictions and how both Hendrick and Penske benefit from historic revenue-sharing formulas, which could explain their resistance to cost caps. Plaintiffs emphasize that since Hendrick and Penske voluntarily agreed to testify after initially declining, they have little ground for complaint.
Previously, teams not involved in the trial had to provide detailed, anonymous financial records. However, 23XI and Front Row argue this no longer applies now that Hendrick and Penske have agreed to testify, making them subject to full cross-examination.
NASCAR contends that 23XI and Front Row cannot claim Hendrick and Penske’s testimony is crucial since they did not include them on their witness lists and did not request additional financial details during discovery. NASCAR emphasizes that their questioning won’t involve sensitive financial or salary information. NASCAR suggests that the two teams are unfairly targeting Hendrick and Penske and points out that the timing of their witness addition was handled with sufficient notice months before trial.
In sum, 23XI Racing and Front Row Motorsports are pushing hard to thoroughly question two of NASCAR’s most influential owners, seeking transparency regarding the sport’s financial and competitive practices, especially around the charter system and revenue sharing. NASCAR and the veterans are resisting broad depositions and proximity demands.
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Fan Take: This legal tug-of-war highlights the increasing tension behind NASCAR’s scenes, exposing the power dynamics and financial strategies that shape the sport. For fans, these developments could lead to greater transparency or significant shifts in the governance and economics of NASCAR, potentially impacting team competitiveness and the sport’s future direction.
