Overview
- 23XI Racing and Front Row Motorsports moved to exclude Rick Hendrick’s testimony after his pretrial deposition fell through and no other date opened before December 1.
- NASCAR opposed exclusion, saying Hendrick could be deposed during the first week of trial or virtually and noting he is expected to testify when NASCAR presents its case, likely the week of December 8.
- Judge Kenneth D. Bell told the sides to cooperate to schedule a 2.5‑hour deposition of Hendrick before trial and declined to exclude his testimony at this stage.
- The plaintiffs argue NASCAR disclosed Hendrick and Roger Penske as witnesses after fact discovery closed, calling the late addition prejudicial to their trial preparation.
- NASCAR countered that plaintiffs refused offered accommodations for Hendrick’s deposition and alleged plaintiffs issued a late trial subpoena to a GreerWalker LLP accountant not on witness lists.