Judge Commands Penske, Hendrick to Provide Full Depositions to 23XI, Front Row

Judge Kenneth D. Bell orders Roger Penske and Rick Hendrick to sit for full, in-person depositions in the antitrust suit brought by 23XI Racing and Front Row Motorsports against NASCAR.

The directive follows motions seeking remote testimony and limits on financial questioning. Bell rejects both, stressing transparency, party parity, and a public record ahead of the December 1, 2025 trial.

Bell notes NASCAR placed Penske and Hendrick on its trial witness list, triggering plaintiffs’ right to conduct thorough pretrial depositions and to cross-examine both owners when the case reaches court.

The timing becomes a flashpoint. 23XI and Front Row argue NASCAR added the owners after fact discovery closed, creating surprise and limiting preparation time for meaningful questioning.

Bell characterizes the protections sought as unnecessary given their designated roles as witnesses. He says equal rules apply, regardless of stature or influence within the industry’s competitive structure.

The court references commitments by both owners to attend the Charlotte trial in person. With that, it sees no reason to allow remote depositions or to restrict the scope unnaturally.

Jim France’s personal request that Penske and Hendrick testify clarifies their centrality to NASCAR’s case. Their depositions now become key evidence-building steps for both sides.

Beyond logistics, the ruling reinforces discovery’s purpose: establish a complete, testable record. That approach reduces late-game tactics and supports robust scrutiny of NASCAR’s market power allegations.

Penske and Hendrick hold significant operational insight as leading team owners. Their views on commercial frameworks and competitive dynamics could shape the court’s assessment of control and coordination.

Deadlines now compress ahead of December. Expect scheduling for depositions, motion practice on evidentiary boundaries, and continued positioning around how financial topics intersect with relevance and competitive impact.

The decision sets a predictable tone. The court prioritizes open proceedings and equal obligations, ensuring the case proceeds on substance rather than status as trial preparations intensify.

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John Martinez

John Martinez delivers real-time NASCAR Cup Series and Truck Series news, from live race updates to pit-lane strategy analysis. A graduate of the University of Northwestern Ohio’s Motorsports Technology program, he breaks down rule changes, driver tactics, and championship points with crystal-clear reporting.