The persistent conflict in the 23XI Racing NASCAR lawsuit intensified as 23XI Racing and Front Row sought to add two high-profile witnesses, amplifying tensions with NASCAR just before trial. The dispute centers on whether the testimony of racing legends Rick Hendrick and Roger Penske should be limited, as NASCAR has insisted, or expanded per the plaintiffs’ recent demands.
Legal Battle Over Testimony Scope Intensifies
In the latest chapter of this escalating lawsuit, 23XI Racing and Front Row Motorsports aimed to broaden the scope of deposition for Rick Hendrick and Roger Penske. Both team owners, representing two of NASCAR’s most influential organizations, are already slated on NASCAR’s witness list for its defense. However, the plaintiffs are now pushing for more expansive testimony, potentially providing insights into the alleged preferential treatment and anti-competitive practices at the heart of the dispute.
Last week, Hendrick and Penske moved to limit their involvement by requesting judicial protection against cross-examination and depositions by the plaintiffs. Their applications highlight the growing battle lines between NASCAR, which wants to keep testimony bound strictly to prior declarations, and the teams challenging the sport’s business structure and relationships.
The plaintiffs’ motivations are clear—they seek testimony from two of NASCAR’s most successful and well-connected teams, possibly to expose any special arrangements with the sanctioning body. By attempting to widen the scope, 23XI Racing and Front Row could reveal information beneficial to their claims of anti-competitive conduct.
NASCAR Criticizes Plaintiffs’ Timing and Strategy
In a strongly worded court filing, NASCAR rebuked the plaintiffs’ last-minute efforts to gather new evidence through expanded witness testimony. The organization declared:
“Plaintiffs should not be able to derail the testimony of Messrs. Hendrick and Penske based on eleventh-hour demands for new information,”
NASCAR argued in a filing today. It further pointed out,
“Plaintiffs have repeatedly touted both in this litigation and publicly that the declarations of Messrs. Penske and Hendrick supported Plaintiffs’ case. … So, Plaintiffs have no basis to complain about the admission of that testimony at trial.”
The statement suggests that 23XI Racing and Front Row Motorsports have publicly leveraged the declarations from Hendrick and Penske but are now seeking to challenge the same evidence by demanding depositions beyond prior written statements.
NASCAR went on to assert:
“And Plaintiffs never moved the Court to require Team Penske, Hendrick Motorsports, or any other team to produce the detailed financial information that Plaintiffs apparently seek to extract from these witnesses in deposition and at trial.”
This argument underscores NASCAR’s criticism that the plaintiffs waited too long to pursue deeper inquiries and failed to file motions in a timely manner to secure additional evidence from key organizations like Hendrick Motorsports and Team Penske.
Disclosure Deadlines and Deposition Disputes
NASCAR’s central legal strategy also focuses on procedural deadlines, emphasizing that both Rick Hendrick and Roger Penske were disclosed as trial witnesses on September 10, 2025, nearly three weeks before depositions could have occurred under established rules. NASCAR maintains that the plaintiffs had ample opportunity to act, stating:
“NASCAR’s September 10, 2025 amended disclosures included both Mr. Hendrick and Mr. Penske, leaving nearly three weeks for Plaintiffs to depose them under the Case Management Plan,”
followed by,
“… Plaintiffs never asked for a deposition. Nor did they object to the timing of NASCAR’s amended disclosure. Nor did they move to strike. Instead, they strategically chose to sit on their hands and wait until less than four weeks before trial. Had they moved or said anything at the time of the disclosure, there would have been ample time to take the depositions within the discovery period.”
This procedural focus by NASCAR heightens the intensity of the dispute, making clear that sanctioning body officials believe 23XI Racing and Front Row are acting deliberately late in the process to push for additional information. The question now is whether the court will permit more extensive depositions or hold to existing declarations.
Broader Implications for NASCAR and Its Teams
As the antitrust trial approaches, the fight over the scope of witness testimony could prove pivotal for both sides. Rick Hendrick and Roger Penske are central to understanding the relationships and possible competitive advantages among NASCAR’s top organizations. With the legal battle focused on deadlines and access to evidence, the case highlights rising tensions and could reshape how NASCAR’s business practices are scrutinized in court.
The outcome of this dispute will determine whether teams like 23XI Racing and Front Row Motorsports gain the ability to challenge NASCAR’s authority and investigate deeper into team-sanctioning body dynamics, impacting future legal strategies for all competitors in the sport. The next step rests with the court’s decision, which could have lasting effects across NASCAR’s ecosystem.
