When the NASCAR trials first kicked off, the sides received a warning. Judge Kenneth D. Bell warned NASCAR on one side and 23XI Racing and Front Row Motorsports on the other to refrain from excessive animosity. After Day 4 passed, however, Judge Bell had yet another instruction to the legal opponents. With their pent-up emotions releasing steadily, the lawsuit’s trial is dragging its feet. And that is delaying one of the key witnesses of the case – Roger Penske.

NASCAR trials postpone key witnesses

“Before dismissing, Judge Bell commented the trial was “not on the pace we’re hoping for.” – It was mentioned that Roger Penske will only be able to appear for witness testimony on Monday – Judge Bell also went on to comment that “some of the examinations are beating a dead horse” and “some witnesses aren’t answering even the most harmless of questions.” journalist Dalton Hopkins reported on X.

The witnesses who already took the stand include 23XI Racing co-owner Denny Hamlin, Front Row Motorsports owner Bob Jenkins, and NASCAR president Steve O’Donnell. Several jaw-dropping revelations have spilled out of these testimonies. Hamlin explained why signing the latest charter deal would be a ‘death sentence’ for his team. Jenkins exposed some dire figures that prove his financial struggles. Then, O’Donnell clarified a series of text messages among NASCAR’s executives.

However, the NASCAR trials would not progress without further testimonies from key witnesses. And they include not just Roger Penske. Others are Heather Gibbs from Joe Gibbs Racing, former RFK Racing president Steve Newmark, Legacy Motor Club CEO Cal Wells, and team owners Richard Childress and Rick Hendrick. Yet their attorneys have expressed concern over their organizations revealing their financials in court since they are not parties in the federal litigation.

Nevertheless, Judge Bell has said, “I don’t like crucial pieces of evidence being excluded from the public.” Journalist Bob Pockrass wrote on X, “Judge also said case wasn’t being helped by witnesses who wouldn’t acknowledge or answer direct questions on the facts/intent of an email or text, which would result in more questioning. Judge Bell said he might get more forceful in telling witness to answer questions.”

Clearly, Roger Penske and others will need to gear up, as the NASCAR trials may speed up. In the meantime, a NASCAR executive took a meaningful stance.

Admitting to the shortcomings

Whether it be blurry coverage of FOX Sports or a malfunctioning Next-Gen car on superspeedways, several issues have plagued NASCAR in recent years. Add the charter deals to these, and you have the cherry on top of the cake. Despite the vast financial advantage that race teams receive from charters, it is subject to the presence or absence of sponsors. So when NASCAR president Steve O’Donnell said that teams could compete as ‘open’ teams if they do not like the charter deal, Jeffrey Kessler hit back with the economic pitfalls. And O’Donnell agreed, “We knew the industry was challenged.”

The solution to such mounting economic problems was a change in the charter model. In a March 2022 meeting, NASCAR agreed with Curtis Polk’s demands. They involved maximising television revenue and implementing a potential cost cap. In the same meeting, four-time Cup Series champion and Hendrick Motorsports chairperson Jeff Gordon asked NASCAR a question. He asked Ben Kennedy, a member of the France family, if the Frances are open to a new model. And Kennedy said yes. However, O’Donnell recently admitted in the NASCAR trials that Jim France was not so encouraging.

Clearly, multiple setbacks lined up for race teams to break even in finances. Let’s wait and see what further information comes out in the NASCAR trials.