The legal contest between NASCAR and 23XI Racing along with Front Row Motorsports has reached a crucial moment as both sides prepare for the Rick Hendrick testimony battle, with the trial set for December 1. Tensions have intensified, as Cup Series teams are now attempting to prevent the influential Hendrick Motorsports owner, Rick Hendrick, from taking the stand, a move fiercely opposed by NASCAR.
Escalating Courtroom Disputes Over Key Testimonies
As the trial date approaches, both sides are locked in heated litigation regarding whose testimony will shape the outcome. NASCAR originally drew Rick Hendrick and Roger Penske into the case, filing declarations from both respected team owners to help the sanctioning body defend its charter system. According to these court filings, both Hendrick and Penske, recognized industry heavyweights, emphasized the necessity of the current charter arrangement for the sport’s financial viability.
Rick Hendrick, owner of Hendrick Motorsports, highlighted how the charters guarantee teams a spot in all Cup Series races, resulting in much-needed financial stability. He credited these guarantees for strengthening his team’s position—especially in attracting and keeping sponsors—which is crucial for any NASCAR organization.
Charter System Dispute at the Heart of Lawsuit
The dispute centers on NASCAR’s long-standing charter system. The October 2024 lawsuit from 23XI Racing and Front Row Motorsports alleges that NASCAR’s handling of charters amounts to anti-competitive behavior, claiming it restricts challengers and cements a monopoly over the sport. These teams accused NASCAR of overreaching its authority when they refused to sign the proposed new charter agreement.
NASCAR, as the sanctioning body, added the names of Rick Hendrick and Roger Penske to its witness list. The move was notably at the direction of Jim France, the organization’s chairman, and a named defendant in this high-stakes trial. In response, 23XI and Front Row insisted on full depositions, arguing that Hendrick and Penske possess crucial knowledge of revenue sharing procedures and the mechanics of past charter negotiations.
Teams and Owners Seek to Set Testimony Boundaries
Almost immediately, both Hendrick and Penske countered by asking the court to restrict the topics they could be questioned on, suggesting the option for remote participation or requesting to postpone their testimony until after the trial’s start. NASCAR supported these requests, urging that their questioning should remain limited to issues covered by previous statements.
The Cup Series teams returned fire, petitioning the court to prevent Hendrick from testifying, fearing that his insights could prove influential in favor of NASCAR. The resulting standoff has added another layer of turbulence to already contentious proceedings.
NASCAR Responds With Legal Push to Keep Hendrick on the Stand
NASCAR’s lawyers were swift in their rebuttal, arguing against efforts to exclude, postpone, or restrict Rick Hendrick’s role. They maintained that there is no legitimate basis to bar him from testifying and outlined a proposed timeline for deposition:
Mr. Hendrick is scheduled to testify in NASCAR’s case, which likely will not begin until the week of Dec. 8. And NASCAR can further accommodate Plaintiffs by calling him later in NASCAR’s case. Thus, even after trial begins on Dec. 1, Plaintiffs will have numerous days to secure Mr. Hendrick’s deposition, including two non-trial days on Dec. 6 and 7.
– NASCAR Attorneys
The organization’s effort to keep Hendrick and Penske as witnesses quickly drew objections. The teams characterized this last-minute addition—only a month before trial and after the closure of the discovery phase—as an act of “sandbagging” by NASCAR, potentially derailing the fairness of proceedings.
Intense Filing Exchanges Add to Pre-Trial Volatility
Further stoking the turbulent pre-trial atmosphere, attorney filings referenced in Matt Weaver’s coverage for Motorsport.com quoted Hendrick’s counsel as alerting the judge to possible delays and flexibility options:
Mr. Hendrick’s counsel diligently alerted the Court to the possibility of the deposition needing to occur on December 1 or later, but noted that the situation is in flux, and other members of the law firm representing Mr. Hendrick are available to assist.
– Hendrick’s Counsel
Additionally, Mr. Hendrick’s counsel has provided numerous options to accommodate the deposition, including the possibility of a virtual deposition. Plaintiffs, however, have refused such accommodation and insisted on the take-it-or-leave-it Tuesday, November 18 deposition.
– Hendrick’s Counsel
This exchange highlights the mounting friction between powerhouse owners, attorneys for both sides, and the trial judge, Kenneth D. Bell, who has ruled that Hendrick and Penske can be deposed without NASCAR’s desired restrictions.
Impact of Rick Hendrick Testimony Battle Looms Over Entire Sport
As the December 1 trial nears, the fierce dispute over Rick Hendrick’s deposition has become a central flashpoint in a wider courtroom battle. Hendrick—an influential figure in stock car racing and a close France family ally—could alter the sport’s future by testifying in this case involving 23XI Racing, Front Row Motorsports, and multiple Cup Series teams.
What happens with Hendrick’s testimony could influence charter negotiations and revenue decisions across the sport. All eyes are now on the upcoming trial, as the court’s decisions will impact not only Hendrick Motorsports but sponsors, team owners like Roger Penske, and the entire NASCAR organization, potentially reshaping the power balance for years to come.
