With the 23XI Racing antitrust lawsuit against NASCAR and Front Row Motorsports heading to trial in just days, NASCAR has asked the court to restrict two of 23XI Racing’s three owners from being present during certain testimonies. The motion seeks to limit access under specific legal rules, intensifying the tension surrounding this critical case.
Courtroom Access at the Center of Legal Battle
NASCAR’s request is grounded in Federal Rules of Evidence, Rule 615, which requires courts to exclude witnesses from hearing other testimonies at the request of either party. The rule applies unless the witness is representing the party at trial or is shown to be essential to the claim or defense. NASCAR’s filing targets two of Denny Hamlin, Michael Jordan, and Curtis Polk, requesting they remain outside the courtroom unless called to testify.
23XI Racing has responded by designating Michael Jordan as their official courtroom representative, but the team also filed a motion to allow Hamlin and Polk to be present throughout the trial. This back-and-forth underscores a deep anxiety over trial procedure and fairness amongst the parties.
23XI’s Legal Arguments and Counterclaims
In their legal response, 23XI Racing’s lead attorney Jeffrey Kessler argued that Curtis Polk should be permitted in court, given his role as a counter-defendant in NASCAR’s now-dismissed countersuit. Although Judge Kenneth D. Bell dropped that counterclaim, NASCAR’s expressed intent to appeal leads 23XI to insist that Polk remains relevant and should attend.
Further intensifying the debate, 23XI’s position emphasizes that all three owners, including Jordan, Hamlin, and Polk, have already been deposed—a key argument suggesting there is minimal risk of them altering their testimony based on what they may hear during the trial itself.
“And again, here is the way the law reads as far as witnesses and if they can hear other witness testimony. 23XI argues all three team owners have been deposed and the chances are low of them tailoring their testimony to something they heard during trail prior to their testimony. https://t.co/D1uaUblqgG
— Bob Pockrass (@bobpockrass) November 25, 2025”
Trial Timeline and Potential Outcomes
The 23XI Racing antitrust lawsuit is scheduled to begin Monday, December 1, in the courtroom, unless the parties reach a settlement before then. Given the complex legal arguments and persistent disagreements over procedural matters such as witness exclusion, the atmosphere remains charged. Even after a verdict is reached, the losing party is expected to file an appeal, raising the likelihood that the dispute over 23XI Racing’s owners and their legal standing extends well into next year or beyond.
As the start of the trial approaches, key figures including Denny Hamlin, Michael Jordan, and Curtis Polk remain central to the unfolding legal drama, along with attorney Jeffrey Kessler. The broader NASCAR community, legal observers, and other teams are closely watching the intensifying proceedings, noting the implications for courtroom procedure and the future of antitrust litigation in motorsport.
And again, here is the way the law reads as far as witnesses and if they can hear other witness testimony. 23XI argues all three team owners have been deposed and the chances are low of them tailoring their testimony to something they heard during trail prior to their testimony. https://t.co/D1uaUblqgG
— Bob Pockrass (@bobpockrass) November 25, 2025
