With less than a week to go until the 23XI Racing and Front Row Motorsports v NASCAR antitrust trial begins, the Sanctioning Body motioned the court to have 23XI exclude two [of] its three owners from the room while others are on the stand.
This is under the ‘Federal Rules of Evidence; 615,’ which states that ‘at a party’s request, the court must order witnesses excluded from the courtroom so that they cannot hear other witnesses’ testimony. Or the court may do so on its own’ but does not include the individual representing the party at trial, ‘any person … shown to be essential; to the claim or defense.’
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For the sake of this trial, NASCAR wanting two of Denny Hamlin, Michael Jordan and Curtis Polk not allowed in the court room unless they were taking the witness stand under this provision. In response, 23XI designated Jordan as the ‘individual representing the party’ but is also motioning the court to allow all three in.
For one, 23XI through a written motion penned by lead attorney Jeffrey Kessler said that Polk was a counter-defendant to NASCAR’s countersuit. That counterclaim has since been tossed out by Judge Kenneth D. Bell, but since the Sanctioning Body has indicated a likelihood of appeal, the team says Polk should also be permitted.
— 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
The trial is set to begin Monday, December 1 unless the parties settle beforehand. And even if the trial finishes and a verdict is issued, the losing side is expected to appeal, which would likely push the case into next year or beyond.
For previous posts and information, see the 2024 Antitrust Lawsuit page.