The clock is ticking. In less than a month, NASCAR and 23XI Racing/Front Row Motorsports will fire up their jets and hope to turn the tide in their favor in the ongoing NASCAR lawsuit. The yearlong court battle is set to be discussed on December 1 in a proper courtroom and a trial setting. And now the legal tussle seems to have taken a sharp turn this week as the sport’s most powerful figures step in.

The decision comes amid a heated antitrust lawsuit that has drawn increasing scrutiny over NASCAR business practices and its relationship with top teams. With that being the center of attention in the recent weeks, what followed was the judge’s decision that seems to be tipping in 23XI Racing and Front Row Motorsports’ favor.

Judge’s decision marks a turning point in the legal battle

Judge Kenneth Bell ruled Tuesday that 23XI and FRM can depose Rick Hendrick and Roger Penske without the restrictions NASCAR had requested, as reported by Bob Pockrass of FOX Sports. The court’s ruling stands unless NASCAR “irrevocably commits not to call these individuals as trial witnesses.”

Bell emphasizes that, “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.”

Earlier, FOX’s Bob Pockrass noted that NASCAR wanted Hendrick and Penske’s testimony limited to topics such as the charter system, the origins of the value of the next-gen car, and the charters in IndyCar. However, the two teams appear to be seeking a wider scope. The ongoing antitrust lawsuit challenges NASCAR’s alleged anti-competitive business practices, and given Hendrick and Penske’s deep ties with the sanctioning body, the teams may be looking to uncover whether those relationships afforded them any special treatment.

Both Hendrick and Penske have expressed their reluctance to participate further. They previously submitted a signed declaration supporting NASCAR in October and preferred that to be the extent of their involvement. If deposed, they wanted questioning confined to the charter and Next-Gen systems. Despite that, NASCAR has listed both team owners among its potential trial witnesses.

It all dates back to when, in a sharply worded filing, NASCAR pushed back against the plaintiff’s late attempt to broaden witness testimony. The organization argued the two teams were trying to “derail the testimony of Messrs. Hendrick and Penske based on eleventh-hour demands for new information.”

NASCAR also noted the irony in the teams’ positions, stating that, “Plaintiffs have repeatedly touted both in this litigation and publicly that the declarations of Messrs. Penske and Hendrick supported Plaintiffs’ case. … So, Plaintiffs have no basis to complain about the admission of that testimony at trial.”

Furthermore, NASCAR emphasized that the plaintiff never filed motions compelling Hendrick Motorsports, Team Penske, or any other organization to produce the financial details they now appear to be pursuing. The filing underscored NASCAR’s stance that the plaintiff delayed their efforts and is now attempting to introduce new lines of questioning at the last minute.

But now, things will start to look different. With the court granting 23XI and FRM the right to question Rick Hendrick and Roger Penske, no one is certain about the outcome. However, amid all this, 23XI Racing’s co-owner’s postseason plans come to a halt with the trial fast approaching.

Denny Hamlin drops his offseason plans amid ongoing NASCAR lawsuit

Denny Hamlin, reflecting on a demanding 2025 NASCAR Cup Series season and the ongoing antitrust lawsuit filed by his team against NASCAR, recently opened up about how both have shaped his offseason. With the December 1 trial date drawing near, Hamlin admitted he’s trying to find moments of rest and recovery even as his off-season plans remain uncertain. After missing out on the championship, he described the emotional toll of the season and said the looming litigation has made it difficult to commit to any major plans or travel.

He explained, “I don’t have any plans. Usually, I have some kind of plans at some point, but obviously, with the pending litigation and stuff, I don’t know whether I’ll be in town or not. So, that stuff is obviously kind of fluid. But I’m going to take some time and go on a vacation at some point. I certainly need it very, very badly. Other than that, just spending more time at home.”

Recently, Hamlin and his family visited Amelia Motor Raceway in Virginia, the same track where he first began racing at age 8. The visit offered him a chance to reconnect with his roots, a quiet, emotional reset after a turbulent year. As he tries to make the most of family time amid uncertainty, the outcome of the upcoming trial may well determine how peaceful his off-season truly becomes.