The antitrust case between 23XI Racing and Front Row Motorsports vs. NASCAR closes in on the start of the all-important trial, which begins Monday, Dec. 1.
While much of the NASCAR world spent the week reacting to messages made public from last week’s filing, the two sides focused on filing stipulations and lists of exhibits.
Here’s a look at what all took place over the past week.
The first new document filed since our last update was a rare weekend document submitted on Nov. 23. This was a joint stipulation where NASCAR and the teams met to discuss some of the materials and actions for the trial.
These stipulations includes instructions for witnesses that are called to testify, as well as how to handle the exhibits presented in court.
On Monday, Nov. 24, both the teams and NASCAR submitted their exhibit lists. The actual exhibits consist of documents — both public and sealed — that have been added as part of previous filings during the course of this case.These include texts and emails, photos, transcripts and articles, including a few of our very own Frontstretch recaps
The list from 23XI and FTR consists of 860 exhibits. NASCAR’s exhibit list totals 961 documents.
The teams included a separate document to give a statement of “expert qualifications” of four of their expert witnesses they may call to trial.
Also on Monday, NASCAR and the teams filed their trial witness list.NASCAR’s list included 28 witnesses. Some of the names NASCAR intends to call at trial are Rick Hendrick, Roger Penske and Ben Kennedy.
The teams have 19 witnesses that they expect to testify at trial. That includes names like Richard Childress and Steve Newmark.
There are names that overlap on the lists, including Jim France, Denny Hamlin and Michael Jordan.
The final major filings of the week happened on Tuesday, Nov. 25. Even though the teams and NASCAR put together a joint stipulation, a conflict still remains. It has to do with the stipulation that witnesses be sequestered, meaning witnesses will be isolated before they are called to give testimony. The practice is meant to keep witnesses from being influenced or swayed by other testimonies or happenings in the courtroom.
The teams argue that the 23XI owners — Hamlin, Jordan and Curtis Polk — should not be separated. NASCAR maintains that both sides agreed on the sequestering topic, so the owners should be isolated.
Caleb began sports writing in 2023 with The Liberty Champion, where he officially covered his first NASCAR race at Richmond in the spring. While there, Caleb met some of the guys from Frontstretch, and he joined the video editing team after graduating from Liberty University with degrees in Strategic Communications and Sports Journalism. Caleb currently work full-time as a Multi-Media Journalist with LEX 18 News in Lexington, Kentucky and contributes to Frontstretch with writing and video editing. He’s also behind-the-scenes or on camera for the Happy Hour Podcast, live every Tuesday night at 7:30!