Rick Hendrick, Roger Penske push back on being deposed for NASCAR lawsuit

As the NASCAR lawsuit starts to get closer to trial, more is to be done for both sides to prepare for the court battle ahead. 23XI Racing and Front Row Motorsports would like to depose both Roger Penske and Rick Hendrick.

In response to this request, Penske and Hendrick have submitted a motion of their own. The two NASCAR Cup Series team owners would like to avoid any kind of deposition in this matter. However, they have asked if they must be deposed, that the line of questioning be limited.

“Movants find themselves, quickly and without much warning, in the unenviable position of being forced to give expansive and unnecessary deposition testimony as a result of wrangling between the parties to a lawsuit that should have settled long before now,” the filing states.

“As explained in greater detail below, Messrs. Hendrick and Penske, in view of their decades-long relationship with Jim France, agreed to give limited testimony regarding non-confidential matters at the trial of this case, but in a way that did not force them to ‘take sides’ in this lawsuit – something which both men have made clear that they cannot and will not do. That has now morphed into an effort by the Plaintiffs to seek testimony potentially regarding HMS’ and Penske’s highly confidential financial and other business information. Movants bring this Motion because efforts to resolve this matter amicably proved fruitless.”

In other words, Hendrick and Penske don’t want to pick a side in the NASCAR lawsuit. They are trying to thread the needle and remain as impartial as possible. Now, they are being asked to be witnesses at trial. So, one could argue, they would be taking a side.

Hendrick, Penske want to avoid financials in NASCAR lawsuit

Of course, neither team owner wants to open up the books, either. Financial records for NASCAR and teams have already been partially released. Getting into the dirty details of that is not something either Penske or Hendrick wants to do. That’s understandable.

While many teams avoided getting involved because they didn’t want to be involved, the NASCAR lawsuit has pulled multiple teams into it. There have been statements made by team owners on behalf of NASCAR, and communications regarding team negotiations have been entered in as evidence.

The NASCAR lawsuit has been dirty and personal at times. However, the court has taken measures to avoid that. Judge Bell has ruled that NASCAR is a monopoly/monopsony operating in the market of premier stock car racing. Now, 23XI and Front Row are set to argue in court whether NASCAR acted illegally with such power.