NASCAR Makes Fresh ‘Derailing Testimony’ Accusation Against 23XI-FRM After Falling on Their Trap

The NASCAR charter lawsuit is getting close to the trial and things are becoming more messier than ever. Everything started when 23XI Racing and Front Row Motorsports joined forced to file a federal anti-trust lawsuit against the sport and owners. Multiple injunctions and counter filings later, the two parties are set for trial scheduled for early December.

The most recent development of the litigation was 23XI and FRM filing a claim in the court against NASCAR demand to limit the testimony of Hall of Fame team owner Rick Hendrick and Roger Penske. They want the opportunity to cross the due in the witness stand as they believe they have the right to do so and they shouldn’t be denied that opportunity.

The court should deny the extraordinary motion of Rick Hendrick and Roger Penske – who own two of the most storied NASCAR Cup Series teams – that seeks to block Plaintiffs from effectively deposing or cross-examining them so that they can voluntarily provide the sanitized trial testimony that they admit NASCAR CEO Jim France has asked them to provide…

The Plaintiffs argued in the court (via on3.com).

NASCAR was caught off-guard with the filing, and has filed a counter claim accusing the teams of delaying the filing intentionally to derail testimony of Messrs. They have been corned with the move, as if the court rule against them the teams will get the opportunity to exposes supposed preferential treatment’s these teams get as well as their finances.

Plaintiffs should not be able to derail the testimony of Messrs. Hendrick and Penske based on eleventh-hour demands for new information. 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.

NASCAR via a filing in the court.

NASCAR accuses the Plaintiffs of purposefully delaying the disposition

In the same court filing, the lawyers of the premier stock car racing championship accused the teams of delaying tactics, and abusing the legal proceedings. He highlighted how the team have a lot of time since September when the team owner duo entered the picture.

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… Plaintiffs never asked for a deposition.

NASCAR argued in court.

Further talking about the point, he highlighted how they didn’t object the amended disclosure till this close to the trial and asserted that it was strategic move. This has put NASCAR is a tough spot, as if the team wins this disposition, a lot of secrets might become public.

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.

NASCAR added.

At the moment, both the teams and NASCAR are going to suffers significant loss as well as public embarrassment, if the lawsuit goes to trial, making all the details of the sport part of public records. The best thing for all the parties involved to do is settle the case before the trail and keep the secrets behind the curtain.

Also Read: Charter Lawsuit Is Denying Denny Hamlin the Chance to Have a Vacation He Needs “Very, Very Badly”

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