Close Menu
Sportstalk
  • NFL
  • NBA
  • NHL
  • MLB
  • Soccer
  • More
    • Nascar
    • Golf
    • NCAA Basketball
    • NCAA Football
    • Tennis
    • WNBA
Facebook X (Twitter) Instagram
  • About us
  • Contact us
  • Privacy policy
  • Disclaimer
Facebook X (Twitter) Instagram
Sportstalk
  • NFL

    NFL suspends Steelers DT Daniel Ekuale for performance-enhancing drugs

    November 26, 2025

    Bryce Young eases Panthers’ decision on his future

    November 25, 2025

    Report: Broncos not in mix for Brandin Cooks

    November 25, 2025

    49ers boost play-off hopes with win over Panthers

    November 25, 2025

    Monday Night Football: 49ers lead Panthers 10-3 at halftime

    November 25, 2025
  • NBA

    2025 NBA Cup: Wizards eliminate Hawks to avoid elimination and end 14 losses

    November 26, 2025

    Stephen Curry scores 31 points as Warriors flee Jazz

    November 26, 2025

    Michael Jordan explained his biggest problem with today’s NBA

    November 25, 2025

    The High Score 100: The biggest rises and falls in rankings in Week 6 of fantasy basketball

    November 25, 2025

    NBA results: Pistons record. Toronto wins eight in a row

    November 25, 2025
  • NHL

    Canadians still active on the trade front

    November 25, 2025

    NHL teams located in states without income taxes have economic advantage, professor says

    November 25, 2025

    Observations from the Blues’ 3-2 loss to. Rangers

    November 25, 2025

    NHL deputy commissioner downplays big state income tax debate

    November 25, 2025

    Former Canadiens defender absent for several months

    November 24, 2025
  • MLB

    5 MLB players most likely to be traded: Freddy Peralta, Jarren Duran and others expected to be on the move this winter

    November 26, 2025

    Yankees and Mets salaries are topics to start the 2025 MLB offseason

    November 25, 2025

    Shohei Ohtani will compete in the World Baseball Classic, but will the Dodgers star pitch?

    November 25, 2025

    Theme evenings | Baltimore Orioles

    November 25, 2025

    Mets owners Steve and Alex Cohen hand cap to Brandon Nimmo after Rangers trade

    November 25, 2025
  • Soccer

    Pep Guardiola’s landmark Champions League night falls flat and he only has himself to blame

    November 26, 2025

    Fran Hurndall is nearing the end of a 1,000km journey dribbling a football along Australia’s east coast.

    November 25, 2025

    Arsenal star names ‘special’ Manchester City legend as Premier League’s toughest opponent

    November 25, 2025

    Saudi Arabia’s football shopping spree in Europe – Statista

    November 25, 2025

    🖋️ Give your opinion: after the failure, should Gallardo stay at River?

    November 25, 2025
  • More
    • Nascar
    • Golf
    • NCAA Basketball
    • NCAA Football
    • Tennis
    • WNBA
Sportstalk
Home»Nascar»NASCAR and 23XI argue over whether Jordan, Hamlin and Polk should all be allowed in court
Nascar

NASCAR and 23XI argue over whether Jordan, Hamlin and Polk should all be allowed in court

Les GrossmanBy Les GrossmanNovember 26, 2025No Comments4 Mins Read
Facebook Twitter Pinterest LinkedIn Tumblr Email
7f20470e31c8a2affbbd47cd343292e1.jpeg
Share
Facebook Twitter LinkedIn Pinterest Email

With less than a week until the 23XI Racing and Front Row Motorsports v. NASCAR antitrust lawsuit begins, the sanctioning body has asked the court that 23XI bar two of its three owners from the venue while others take the stand.

This is governed by the “Federal Rules of Evidence; “615,” which states that “upon request of a party, the court shall order witnesses to be excluded from the courtroom so that they may not hear the testimony of other witnesses.” The court may also do so itself,” but does not include the person who represents the party at trial, “any person… who proves essential; to the claim or defense.

Advertisement

This is to “prohibit the disclosure of trial testimony to witnesses who are excluded from the courtroom; and “prohibiting excluded witnesses from accessing trial testimony.”

For the sake of this trial, NASCAR wanted two of Denny Hamlin, Michael Jordan and Curtis Polk not to be allowed in the courtroom unless they were on the witness stand under this provision. In response, 23XI named Jordan as a “person representing the party,” but also asks the court to allow the three to enter.

On the one hand, 23XI, through a written motion authored by lead attorney Jeffrey Kessler, said Polk was a counter-defendant in the NASCAR countersuit. That counterclaim has since been dismissed by Judge Kenneth D. Bell, but since the sanctioning body has indicated a likelihood of appeal, the team says Polk should also be allowed.

Advertisement

Michael Jordan, co-owner of 23XI Racing

Michael Jordan, co-owner of 23XI Racing

Michael Jordan, co-owner of 23XI Racing

Excerpt from the motion:

“The Court’s summary judgment does not change its party status until there is a final judgment under Federal Rule of Civil Procedure 54. Additionally, NASCAR has already indicated that it plans to appeal this Court’s decision in an effort to resurrect the counterclaim, which is based on many of the same facts as the plaintiffs’ claims. Mr. Polk should therefore be allowed to attend the trial in its entirety as a party to the action. “

Advertisement

23XI also makes the following arguments for Hamlin and Polk to participate in the entire trial:

“Second, Mr. Polk and Mr. Hamlin are essential to the presentation of Plaintiffs’ case against NASCAR. Although Mr. Polk is not considered a party for purposes of Rule 615, he is essential given his significant role in the negotiations of the 2025 charter agreement, and his knowledge of the facts and circumstances is necessary to assist counsel in presenting the Plaintiffs’ case. Mr. Hamlin further presents a unique perspective and role in the operations of 23XI, competing in NASCAR as a driver, and the preparation of the facts that gave rise to this litigation These two owners act as separate pieces of the puzzle, each of which is necessary for the attorney to be able to provide a complete picture to the jury.

They also say they have no objection to several members of the French family, which owns NASCAR, all participating in the lawsuit for the same reasons.

Advertisement

Meanwhile, NASCAR, through lead counsel Chris Yates, used powerful language, in the form of precedence, as a reason to exclude Hamlin and Polk.

“It is “well recognized that the sequestration of witnesses” is (next to cross-examination) one of the greatest tools that the skill of man has ever invented for detecting liars in a court of law. » »

This is Opus 3 Ltd. v. Heritage Park, Inc., for those keeping score at home.

NASCAR reiterated that Rule 615 “is designed to prevent fact witnesses from shaping their testimony based on the testimony of other witnesses” and that all three are not exceptions to the rule.

Advertisement

Also:

“NASCAR disputes plaintiffs’ counsel’s statement that there is no ‘concern about (the) influence’ of the testimony.

“Plaintiffs cannot justify the appearance of multiple key fact witnesses through the Rule 615 exceptions. Because of the “presumption favoring sequestration,” the Fourth Circuit interprets these exceptions “narrowly in favor of the party seeking sequestration,” and the “party seeking to avoid sequestration of a witness bears the burden of proving” that an exception applies.

Advertisement

NASCAR again cites the precedence of the Opus but then the United States vs. Olofson priority for another reason:

“Declaring a party to be a “critical witness” is “insufficient.”

In total, NASCAR’s position is that Jordan, Polk and Hamlin ‘are all key fact witnesses whose testimony is crucial to the disputed issues in this case’ and ‘to eliminate the possibility that they will tailor their testimony, this Court should enter an order under Rules 615(a) and (b).’

The judge will rule on this issue soon, probably before the Thanksgiving holiday.

Advertisement

Also read:

Richard Childress considers legal action against texts from NASCAR executives

How NASCAR’s Ownership Charter System Works

NASCAR wanted ‘knife’ put in SRX ‘trash’ amid charter negotiations

To read more articles on Motorsport.com visit our website.

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
lesgrossman
Les Grossman

Related Posts

NASCAR and Michael Jordan head to court in industry-shaping lawsuit

November 25, 2025

NASCAR drivers discuss profanity issue on radio

November 25, 2025

Brent Crews, 17, secures his 2026 NASCAR O’Reilly seat with Joe Gibbs Racing

November 25, 2025

NASCAR threatens major penalty for Cup championship race

November 24, 2025
Add A Comment

Comments are closed.

Latest

NASCAR and 23XI argue over whether Jordan, Hamlin and Polk should all be allowed in court

November 26, 2025

2025 NBA Cup: Wizards eliminate Hawks to avoid elimination and end 14 losses

November 26, 2025

UNC basketball is off to its best start in a decade after Tuesday’s win

November 26, 2025

Subscribe to Updates

Get the latest news from sportstalk

Share
  • Facebook
  • Twitter
  • Instagram
  • TikTok
Hot Categories
  • NFL
  • NBA
  • NHL
  • MLB
  • Soccer
We are social
  • Facebook
  • Twitter
  • Instagram
  • TikTok

Subscribe to Updates

Get the latest Sports news from sportstalk

Facebook X (Twitter) Instagram
  • About us
  • Contact us
  • Privacy policy
  • Disclaimer
© 2025 Copyright 2023 Sports Talk. All rights reserved.

Type above and press Enter to search. Press Esc to cancel.