Court sets new date for hearing over 23XI, Front Row charter status

23XI Racing and Front Row Motorsports will be heard in court on August 28 over the new preliminary injunction they are seeking to race as charter teams in the NASCAR Cup Series.

The order was made on Tuesday by U.S. District Judge Kenneth Bell while giving the two organizations and NASCAR dates earlier that month to file their responses. 23XI Racing and Front Row Motorsports are currently competing as open teams after their preliminary injunction was vacated by a three-judge panel in June. A new request was filed on July 14, along with a request for a temporary restraining order.

The court denied the restraining order last week. That had been requested to keep NASCAR from revoking the charters and then selling them.

In his Tuesday order, Bell stated that before the hearing is conducted, “NASCAR represents it will not effectuate any sale or transfer or otherwise convey in any manner the six 2025 Charters offered to the Plaintiffs or purchased until the court rules on the Motion for Preliminary Injunction,” and that “NASCAR represents that Plaintiffs’ six race cars will qualify for all Cup Series races (if they choose to race) similarly until the Court rules on the Motion. 

“In the event NASCAR learns of any reason either of those representations may no longer hold, NASCAR shall promptly inform Plaintiffs and the Court so that the Court can consider implementing any relief it deems necessary.”

NASCAR made a change to its Rule Book on Monday that will also ensure that 23XI Racing and Front Row Motorsports do not miss a race. Among the wording in the Rule Book, it now states that Open Teams will be eligible for starting positions based on rankings in the owner standings.

23XI Racing and Front Row Motorsports had no issue with making the field at Dover Motor Speedway, where there were 37 teams entered. The organizations will remain Open Teams until the hearing.

The hearing will be heard two days before teams are on track at Darlington Raceway for the final race of the regular season. 23XI Racing and Front Row Motorsports will have run six races before then, in which they will earn one third of the prize money that charter teams do.