This is procedural, but with just under two weeks remaining until the start of the 23XI Racing and Front Row Motorsports v NASCAR antitrust lawsuit trial, both parties continue to work on the minutiae of prep work.
In the case of Tuesday, it is volleying back-and-forth instructions for the jury and their verdict questionnaire.
The trial will be conducted in front of nine jurors over what is expected to be a two-week (10 day) process. By the end of the trial, the jury will rule whether or not they believe NASCAR acted in violation of Section 2 of the Sherman Antitrust Act.
As a matter of fact, Judge Kenneth D. Bell also will reserve the right to override that decision if he believes the law was not followed, otherwise known as a judgment as a matter of law decision.
As part of this entire process, the two parties are working on crafting the jury questionnaire and verdict form. Both parties can object to details, and the other side is urged to try to make compromises, but the judge can ultimately rule on any of these matters or simply write his own.
But good faith compromise is the point of the process.
“The parties reserve their rights to amend these proposed instructions or propose additional instructions on the basis of, among other reasons, further exchanges, the parties’ meet and confers, further Orders or clarifications by the Court, and the evidence admitted at trial.”
In the documents below, you will see the general direction of what both parties want the jury to focus on during the trial, but also the elements that each side want removed from that process for reasons they believe are supported by procedure or the law.
Proposed Jury Instructions
Proposed Verdict Questionnaire
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