After failing to reach a settlement, the rules have been set for the trial between NASCAR and two separate race teams.

On December 1, 23XI Racing and Front Row Motorsports will make their case in an antitrust lawsuit that opened late last year. 

There has been a lengthy back-and-forth regarding several niche details ahead of the trial between all parties involved. With the trial date quickly approaching, both sides have agreed to a set of rules for the upcoming court proceedings.

No personal attacks will be permitted during the trial. Both parties have agreed not to reference prior cases involving attorneys Jeffrey Kessler and Christopher Yates. Additionally, no mention of former NASCAR Chairman Brian France, including his departure from the sport, will be allowed.

Brian France served as NASCAR Chairman from 2003 to 2018 and left abruptly after a DUI charge in Sag Harbor, New York. He pleaded guilty to a misdemeanor in 2019 and was succeeded by Jim France.

Trial Rules

1. “The Parties will not make any ad hominem personal attacks or otherwise denigrate counsel at trial, including specifically through attacks on counsel’s role in the litigation.”

2. “The Parties will not refer to or discuss prior cases where counsel for the Parties served in opposition to one another, including but not limited to, N. Am. Soccer League LLC v. United States Soccer Fed’n, Inc., 1:17-cv-05495 (E.D.N.Y.), Relevent Sports, LLC v. United States Soccer Federation Inc., No. 1:19-cv-08359 (S.D.N.Y), and Shields et al v. Fédération Internationale de Natation, Case No. 3:18-cv-07393-JSC (N.D. Cal.).”

3. “The Parties will not refer to the allegations in the second sentence of Paragraph 65 of Plaintiffs’ Amended Complaint regarding former NASCAR executive Brian France or the alleged circumstances surrounding Brian France’s departure from NASCAR.”

These terms were filed on Monday, October 27, just days after settlement mediation occurred with no deal in-place between the entities.

With no settlement reached, NASCAR driver and 23XI Racing co-owner Denny Hamlin told the media this past weekend at Martinsville that, “Both sides probably feel strong about their case. You sat in the court and heard the arguments. I’ll let you come up with your own opinion, but I think one of us is on a suicide mission.”

Hamlin has a chance to begin the trial as the current NASCAR Cup Series Champion. He will be competing to win his first driver championship this weekend at Phoenix Raceway, driving for Joe Gibbs Racing.