NASCAR’s new request to the court could impact 23XI owners

NASCAR has requested that the court exclude two of the three 23XI Racing owners during the pretrial hearing. The motion was filed under FRE Rule 615, which allows the exclusion of a witness if their presence could influence the jury.

Since Michael Jordan and Denny Hamlin are popular figures, NASCAR might want to avoid unnecessary bias. However, 23XI could argue that the team owner's presence is essential to present their claim, thereby blocking NASCAR's request.

As the case heads to a December trial, the team has less than three days to submit its counter-brief. NASCAR reporter Matt Weaver reported on the development, writing,

"Order from Judge Bell: "At the pretrial hearing, Defendants asked the Court to exclude two of 23XI Racings' three owners from the courtroom pursuant to FRE Rule 615. The Court is continuing to consider that request. Each side is permitted to file a brief on the issue not to exceed five (5) pages in length, on or before 12:00 pm (noon) on Tuesday, November 25, 2025. No response or reply briefs are permitted."

Front Row Motorsports hasn't faced the same issue. Notably, FRM team owner Bob Jenkins has serious claims against the sanctioning body. When his team's financials were released as part of the discovery process, FRM was found to have lost over $100 million as a NASCAR team. The notion could help their defence as they're seeking a better split of the 2025 charter deal.

The deal ties into the $7.7 billion media rights agreement. According to the two teams, they have no power in negotiating their revenue share due to NASCAR's monopolistic practices.

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Judge asks NASCAR and 23XI to 'work cooperatively'

23XI and FRM had initially applied for a deposition of Rick Hendrick and Roger Penske, but later rescinded the request over scheduling conflicts. In response, Judge Kenneth Bell asked the teams to work with NASCAR and find a way to question the HMS team owner.

Fox analyst Bob Pockrass shared the news and wrote,

"Judge Bell ruling: He will not require 23XI/FRM to depose Rick Hendrick after the trial begins but will not exclude his testimony at this time. 23XI, FRM and NASCAR directed to work cooperatively to find a time prior to trial for a 2.5-hour deposition of Hendrick."

The two teams had asked for the deposition since Rick Hendrick and Roger Penske had signed letters of declaration backing NASCAR's 2025 charter deal. Their support made them eligible for cross-questioning.

NASCAR took issue with the same and alleged that the teams' last-minute request was 'unfair'. The sanctioning body argued that the deposition could've been easily arranged during the discovery period. As such, NASCAR has asked for 'guardrails' in the topic of questioning towards the team owners.

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Edited by Vignesh Kanna