After more than a year of legal red tape and several heated back-and-forth arguments between the two opposing sides, the lawsuit brought against the National Association for Stock Car Auto Racing (NASCAR) in October 2024 (by teams 23XI Racing and Front Row Motorsports) has made it to trial.

The two opposing sides will spend the better part of the next two weeks in a courtroom in Charlotte, North Carolina, as a jury decides whether NASCAR is using its monopolistic power illegally and damaging the financial stability of teams competing in the NASCAR Cup Series.

In-court sessions will begin Monday, December 1 with jury selection and opening statements, and will last for a total of 10 in-court days spanning the next two weeks – the final day scheduled to be December 12.

The majority of NASCAR’s media members are on-site in Charlotte to hear the details of the trial, and stand witness to what could be an explosive trial. With no electronic devices permitted in the courtroom, updates will come during court breaks.

Racing America on SI will have live updates from the trial as they become available. Our editor-in-chief, Toby Christie, will also be on site.

Monday, December 1Hamlin, Polk Barred From Courtroom Until After Testimony

Judge Kenneth Bell confirmed on Monday afternoon that both Denny Hamlin and Curtis Polk (co-owners of 23XI Racing alongside Michael Jordan) will not be allowed to be in the courtroom until their testimony has been heard, a decision that Bell says he made “very reluctantly”.

This decision was made in hopes of “only trying this case once”, according to Bell, with NASCAR invoking a rule about having just a single corporate representative for each side (which in this case, is NBA superstar Michael Jordan). The main reason for this, is so that no technicality is brought up that would throw this case sideways in the event of an appeal from the losing party.

Hamlin and Polk will be present for Monday’s opening statements and then will leave the courtroom until their testimonies are heard. No date has been set for those testimonies, yet.

Here is the law on witnesses in the courtroom during other witness testimony: https://t.co/HWiYIjYVjU pic.twitter.com/Z2d683WfYJ

— Bob Pockrass (@bobpockrass) December 1, 2025Judge Bell Upset With Opening Statements from Both Sides

It did not take long for the sparks to fly in the courtroom in the NASCAR v. 23XI/FRM antitrust lawsuit, but I don’t think anybody expected the frustration to come from the bench. After reviewing opening statements on Monday, Judge Kenneth Bell wasn’t happy with either side.

Bell stated that both opening statements – the one from NASCAR and the one from 23XI Racing and Front Row Motorsports – featured arguments that were impermissible, and as a result, he has chosen to ban the presentation of exhibits during their statements.

“If we can be less confrontational about it next time, maybe you’ll get to do what you want to do,” Bell was quoted as saying.

The no-nonsense Judge Bell is pissed at both sides for presenting opening statements (which will be heard today) that are “riddled with impermissible arguments” and now won’t let either side present any exhibits during them.

Bell: “If we can be less confrontational about it next…

— Jeff Gluck (@jeff_gluck) December 1, 2025Jury Selected for NASCAR v. 23XI/FRM Antitrust Case

The first step of this antitrust case when both parties arrived at court on Monday was to select the jurors who would ultimately decide on this case. The final panel of jurors included six jury members and three backups.

According to Matt Weaver of Motorsport, the candidate pool was notably asked (among other questions) whether they were familiar with Michael Jordan and if they had any strong opinions about him, one way or the other. Jordan, an NBA Hall of Famer, is a major part of this case as the majority owner of 23XI Racing.

There was one candidate that did, in fact, have some pretty strong feelings about Jordan, and after being dismissed from his duty as a potential juror, made a fist pump gesture at the NASCAR Cup Series team owner, which not only garnered a chuckle from Jorda, but from everybody involved.

Candidates were dismissed for a variety of reasons; including one that worked at Hendrick Automotive Group, one that knew a great deal about NASCAR and all of the parties involved. There was a third juror dismissed because he couldn’t hear the judge and needed to get his hearing aid fixed.

Johnny Stephenson of Alson & Bird is now the arguing attorney for NASCAR, and spent the morning introducing himself to Judge Bell.

Court has entered a 20 minute break following the selection of six jurors and three backups

Largely procedural stuff

One juror candidate was dismissed for working at Hendrick Automotive Group and another was dismissed for knowing a great deal about NASCAR and the parties…

— Matt Weaver (@MattWeaverRA) December 1, 2025Potential Witness List Revealed for NASCAR Antitrust TrialJim FranceTimothy FrostHeather GibbsDenny HamlinBrian HerbstBob JenkinsLesa France KennedyMichael JordanJonathan MarshallSteve NewmarkSteve O’DonnellSteve PhelpsCurtis PolkScott PrimeDaniel RascherAnthony SmithEdward SnyderJordan BazantTim ClarkRick HendrickRon DragerJerry FreezeRob KauffmanBen KennedySteve LaulettaGene MasonGene MatoRoger PenskeJohn ProbstCal Wells IIIEdwin DesserKevin MurphyRecommended Articles: