On the eve of a high-stakes antitrust trial scheduled for December 1, tensions are mounting as 23XI Racing and Front Row Motorsports seek to prevent Rick Hendrick from testifying in court due to ongoing disputes over his deposition. The heart of the argument is the Rick Hendrick NASCAR deposition, which the teams claim cannot be scheduled, leading to their demand that Hendrick not be allowed to serve as a witness unless he is properly deposed ahead of time.
The friction became public when 23XI and FRM explained their predicament about arranging a deposition date that suited Hendrick and his legal representation, as mentioned by Fox Sports’ Bob Pockarssss. They argued in legal filings that, absent a deposition, Hendrick’s presence on the witness stand would be unfair and should be barred.
NASCAR, pushing back on the teams’ demand, proposed that Hendrick could be deposed during the first trial week, suggesting he would not testify until after December 8, which coincides with the expected presentation of NASCAR’s case. This disagreement highlighted growing frustration within the racing community over the legal process.
“23XI/FRM asking for Rick Hendrick not to be allowed to testify at trial b/c no date for deposition where he and his lawyers are available. NASCAR says b/c he won’t testify before Dec 8 (when NASCAR likely presents its side), deposition can be done first week of trial (Dec. 1-7).”
— Bob Pockarssss, Fox Sports
Lawsuit Focuses on NASCAR Charter System and Alleged Monopolistic Practices
The ongoing lawsuit, initiated in October 2024, targets NASCAR’s charter system. 23XI Racing—co-owned by Michael Jordan and Denny Hamlin—and Bob Jenkins’ Front Row Motorsports have declined to accept NASCAR’s agreement, instead accusing the sanctioning body of using the system to restrict competition and act in a monopolistic fashion. This battle over control and the future of the sport has injected palpable tension into official proceedings.
Earlier this month, NASCAR added Rick Hendrick and Team Penske owner Roger Penske to its list of witnesses. In response, 23XI and FRM demanded full and unrestricted depositions of both, due to the significant knowledge both owners hold regarding revenue sharing and the rules governing charter terms. The teams insisted that such information is essential for their lawsuit and for a fair trial.
However, Hendrick and Penske, supported by NASCAR, fought to limit the scope of their questioning. They requested to restrict the inquiry to a “high-level subject matter” already contained in prior declarations, and also attempted to shift the depositions to remote formats—or to delay them until the trial was already underway. NASCAR contended that these constraints were appropriate and fair, further fueling the frustration of the teams seeking comprehensive testimony.
Court Rules Against Special Treatment for Team Owners
Amid mounting disputes, Judge Kenneth Bell rendered a ruling that rejected requests from Rick Hendrick and Roger Penske to narrow the focus or timing of their depositions. The judge sided with 23XI and FRM, insisting that both organization leaders must appear for in-person depositions with no scope limitations. This decision came as a blow to the defense and was interpreted as a win for those accusing NASCAR of overreach.
As reported by Reuters, the judge made it clear in his order:
“No company or individual will be accorded special treatment. …Unless NASCAR irrevocably commits not to call these individuals as trial witnesses, then Plaintiffs have the right to promptly depose them before trial and cross-examine them at trial within the governing Federal Rules, without limitation.”
— Kenneth Bell, Judge
Judge Bell further clarified that the dispute centers solely on premier stock-car racing, and he rejected moves by NASCAR to broaden the relevant market to include additional racing series, such as IndyCar.
The Road Ahead for NASCAR and Involved Parties
The trial is set for December, with legal wrangling over the Rick Hendrick NASCAR deposition likely to continue. 23XI Racing, Front Row Motorsports, Rick Hendrick, Roger Penske, and NASCAR now face a courtroom confrontation that could reshape the business framework of premier stock-car racing. The outcome could set new standards for how evidence is handled and how witness testimony is treated in high-profile sports litigation.
The decision on whether Hendrick can testify without a corresponding deposition will play a critical role in the case, influencing trust in the process and possibly affecting future antitrust actions within the racing industry. As both sides brace for trial, disappointment and anger continue to flare, offering little reprieve for either the plaintiffs or the defense as they await the looming showdown.
23XI/FRM asking for Rick Hendrick not to be allowed to testify at trial b/c no date for deposition where he and his lawyers are available. NASCAR says b/c he won’t testify before Dec 8 (when NASCAR likely presents its side), deposition can be done first week of trial (Dec. 1-7).
— Bob Pockrass (@bobpockrass) November 14, 2025
