23XI designates Michael Jordan as representative amid sequestration dispute

23XI Racing has designated team co-owner Michael Jordan as corporate representative before its antitrust lawsuit trial against NASCAR begins on Dec. 1.

NASCAR, the Plaintiffs in a lawsuit filed last year by 23XI Racing and Front Row Motorsports, filed a memorandum on Tuesday saying that “(All) fact witnesses shall be sequestered from the courtroom during the testimony (live or deposition) of any other witnesses until they are called to testify” except for a single corporate representative.

NASCAR said in its memorandum that the sequestration rule is designed to keep witnesses from shaping their testimony based on the testimony of other witnesses. NASCAR also said that Rule 615 is “designed to discourage and expose fabrication, inaccuracy, and collusion.”

Rule 615 does provide exceptions that would allow these witnesses to be in the courtroom, but NASCAR argues that 23XI’s owners do not fit these guidelines.

Rule 615(1): “A party who is a natural person.” In legal terms, a natural person is an individual, not a group.

Rule 615(2): “One officer or employee of a party that is not a natural person, if that officer or employee has been designated as the party’s representative by its attorney.”

Rule 615(3): “Any person whose presence a party shows to be essential to presenting the party’s claim or defense.”

Rule 615(4): “A person authorized by statute to be present.”

Additionally, NASCAR said that the rule’s language makes it mandatory for the court to exclude witnesses from the courtroom “at a party’s request.”

23XI Racing filed a response to this memorandum opposing NASCAR’s stance. The team presented multiple points, starting with co-owner Curtis Polk.

The team’s response said that Polk is a party to the case after NASCAR named him as a defendant in its counterclaim. Judge Kenneth D. Bell dismissed this counterclaim during summary judgment, but 23XI said that does not change Polk’s status until there is final judgment.

The response also said that Polk and Denny Hamlin are both essential pieces of the puzzle for different reasons. Polk has the knowledge of the charter system and he played an extensive role in the 2025 Charter Agreement negotiations. Hamlin has the role of both a driver and a team owner involved in charter negotiations and this lawsuit.

Additionally, 23XI Racing stressed that all three of the co-owners have been deposed extensively, “so the risk of being improperly influenced” by other witnesses’ testimony is low.

“Both Mr. Polk and Mr. Hamlin have unique knowledge that is directly related to Plaintiffs’ claims and necessary for providing input and advice to counsel throughout the trial with respect to the presentation of evidence and cross-examination of other witnesses,” 23XI Racing said in its response.