UPDATE: Teams Want Rick Hendrick and Roger Penske Deposed Under Oath

What’s Happening?

23XI Racing and Front Row Motorsports are asking the court to allow them to depose legendary NASCAR team owners Rick Hendrick and Roger Penske

23XI and Front Row are asking the court for permission to depose Rick Hendrick and Roger Penske. FRM/23XI allege Hendrick and Penske were designated as possible witnesses at trial and weren’t designated as possible witnesses prior to the end of discovery as required.

— Bob Pockrass (@bobpockrass) November 5, 2025

UPDATE 6:00 PM: Judge Kenneth D. Bell has granted the teams’ request.

If allowed, this would mean that Hendrick and Penske would supply a sworn testimony prior to the trial as part of the discovery process.

According to the filing, the two well-known NASCAR team owners are designated as witnesses for the December trial, but not for the ongoing discovery period.

The two team owners, who are not part of the lawsuit, have been mentioned in the lawsuit chatter as they were part of the now infamous group of owners who supplied statements in an October 3 filing from NASCAR.

In that filing, Penske became the point of conversation among fans, as the veteran NASCAR and IndyCar owner praised the NASCAR Next Gen Car’s cost-saving and racing proficiency.

“Since the Next Gen car began racing in 2022, Team Penske’s Cup Series race car costs have been reduced due to a smaller number of race cars in the fleet and a lesser volume of parts replacements. In addition to cost efficiencies, the Next Gen car has enhanced on track racing for our team and certainly others.” — Roger Penske

While they may not be closely tied to either FRM or 23XI, Hendrick and Penske, who have both concurrently entered cars in NASCAR’s Cup Series since 1991, could provide valuable insights into the history of NASCAR’s business model and team operations.

As of press time, and despite the hopes of some fans and industry members, the two sides are set to battle out this antitrust lawsuit on November 1, unless they find grounds for a settlement before then.

We have extensively covered all aspects of this lawsuit via the timeline linked below.

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