NASCAR Lawsuit: Teams will be allowed to depose Rick Hendrick and Roger Penske

Tuesday Judge Kenneth Bell ruled that 23XI Racing and Front Row Motorsports will be allowed to fully depose Rick Hendrick and Roger Penske (pictured) prior to the December 1st antitrust lawsuit trial.

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Last week the owner’s filed a motion asking the court not to require their depositions. The teams and NASCAR responded on Monday, with NASCAR supporting a more limited line of questioning.

Judge Bell did not agree.  He said in his ruling, “the trial of this matter will be publicly and fairly contested under the relevant rules and law, without regard to the notoriety of the companies and individuals involved. No company or individual will be accorded special treatment, which is  what Hendrick and Penske requested.

NASCAR has told Plaintiffs and now the Court, (Doc. No. 423), that Mr. Hendrick and Mr. Penske will be called as witnesses for NASCAR at trial. Therefore, unless NASCAR irrevocably commits not to call these individuals as trial witnesses, then Plaintiffs have the right to promptly depose them before trial and cross-examine them at trial within the governing Federal Rules, without limitation.”