Rick Hendrick and Roger Penske have been directed by the Western District of North Carolina to give deposition interviews to attorneys representing 23XI Racing and Front Row Motorsports. These depositions are set to take place before the antitrust trial against NASCAR, scheduled to start on December 1, marking a pivotal development in the ongoing Rick Hendrick NASCAR deposition proceedings.
In legal disputes, a deposition serves as a sworn, formal interview and is a standard process in the discovery phase. It grants both the plaintiffs and the defense the opportunity to examine key documents and testimonies, potentially influencing the course of the trial in the courtroom.
Surprise Disclosure Prompts Demand for Pre-Trial Interviews
23XI Racing and Front Row Motorsports requested permission from Judge Kenneth D. Bell to depose both Hendrick and Penske, prominent Cup Series owners, after NASCAR revealed plans last week to call both as witnesses during the upcoming trial. According to filings, this revelation was unexpected, as NASCAR had not included either individual as potential witnesses during the earlier stages of fact discovery.
The teams argued that being informed of the involvement of Hendrick and Penske weeks after the discovery window had closed undermined their ability to prepare. Their legal team, led by Jeffrey Kessler, highlighted that while NASCAR had subpoenaed the Hendrick and Penske Cup Series organizations for financial and charter negotiation records, the actual individuals were not identified as witnesses in advance.
The plaintiffs’ filing emphasized their concern:
“The late disclosure certainly comes as a surprise to Plaintiffs, as NASCAR waited until well after the close of fact discovery to disclose these witnesses, even though NASCAR was well-aware of their existence and knowledge regarding the facts at issue in the case. Indeed, NASCAR subpoenaed the Penske and Hendrick Cup Series teams seeking extensive discovery about their financials and documents related to the 2025 Charter negotiations, among other things. Yet, it did not disclose these individuals as potential witnesses.”
— Plaintiffs’ Legal Team
They warned that proceeding without depositions could risk an unfair trial and unnecessary disruptions.
“Depositions are the only option to avoid unfair surprise at trial and trial disruptions requiring counsel to waste court and jury time on foundational issues that could have been explored during depositions.”
— Plaintiffs’ Legal Team
Teams Seek Interviews, Not Exclusion, Amid Accusations of Withholding
Kessler and the legal team accused NASCAR of strategic delay regarding the disclosure of Hendrick’s and Penske’s roles, though they stopped short of asking for these individuals to be excluded from testifying. Instead, they requested court authorization to conduct depositions with both team owners prior to the trial, referencing the importance of even and fair preparation for both parties involved.
“As detailed above, NASCAR amended its initial disclosures multiple times, but inexplicably waited until more than two months after the close of discovery to disclose Messrs. Hendrick and Penske. Exclusion of their testimony would be appropriate under these circumstances.”
— Plaintiffs’ Legal Team
Nonetheless, the plaintiffs were clear they did not seek to prevent the two owners from appearing on the stand at this time.
“Nonetheless, Plaintiffs do not seek the exclusion remedy at this juncture. Instead, they ask that the Court grant them leave to depose Messrs. Hendrick and Penske before trial.”
— Plaintiffs’ Legal Team
Judge Grants Motion for Depositions Without Objection from NASCAR
NASCAR did not resist the motion for depositions. Later the same day, Judge Kenneth D. Bell approved the request. This means both Rick Hendrick and Roger Penske will be interviewed under oath ahead of the high-profile trial.
“THIS MATTER is before the Court on Plaintiffs’ Motion for Discovery which seeks leave to depose Rick Hendrick and Roger Penske prior to trial. Plaintiffs’ motion states that ‘NASCAR has indicated it takes no position on this motion.’ For good cause shown (NASCAR’s identification of Mr. Hendrick and Mr. Penske as persons with discoverable information and likely to be called as witnesses at trial well after the close of fact discovery), the Court will GRANT the motion and permit Plaintiffs to depose Mr. Hendrick and Mr. Penske prior to trial.”
— Judge Kenneth D. Bell
Wider Implications Ahead of December Trial
With Judge Bell’s ruling, both Hendrick, a longstanding NASCAR team owner, and Penske, who also owns the Indianapolis Motor Speedway and the IndyCar Series, will testify before the trial begins. The last-minute change in witness lists and the subsequent challenge by 23XI Racing and Front Row reflect growing concerns about transparency and fair access to critical information as teams and legal representatives prepare for an antitrust showdown.
The decision to grant depositions is expected to give both sides a clearer understanding of the details central to the antitrust claims and could shape the trial’s trajectory. As the December 1 court date approaches, the involvement of influential figures like Hendrick and Penske underscores the magnitude and possible consequences of this landmark case for NASCAR team owner relations and the series’ future dealings.
