What’s inside the NASCAR antitrust trial courtroom?

At the conclusion of Day 5 in the 23XI Racing/Front Row Motorsports lawsuit against NASCAR, Friday, Dec. 5, the theoretical halfway mark of the trail has been reached.

Judge Kenneth D. Bell has expressed concern with the pace of the trial, with the intention of it running 10 days.

What could happen over the upcoming week in the trial and what could be the ultimate outcome with the six jurors?

“That is not fair to ask because I have never been able to predict what a jury will do,” said JoHanna Cox, a lawyer with Stiletto Group in New Mexico who has been following the case on the Let’s Go Racing podcast.

“You’ve got all those brains that aren’t mine and they have to agree. But right now, the only thing that’s been put out is plaintiff’s case. So, it very much favors plaintiffs at this point.

“But I think if you asked me that question maybe Wednesday or Thursday [this upcoming] week, I think we’ll have a better understanding of where it could go. But I cannot predict what a juror could do.”

The trial is set to resume Monday (Dec. 8) in Charlotte.

What could it look like inside the courtroom?

With no cameras and cell phones allowed in federal court, reporters covering the trial have to be strategic on getting information to the public through updates in their reporting i.e. social media posts/filing stories during breaks in the day at court.

While we have not seen exact pictures from the courtroom, Cox painted the picture of how it may look inside.

“The judge is going to be the first thing front and center in that entire room,” Cox said, along with the judge’s bench. “To one side, will be what is usually his staff. So he may have a courtroom assistant, his court reporter, a secretary; people that’ll help him do his job.”

On his immediate other side will be the witness stand, and the opposite side of that will be the witness stand.

“It’ll vary left or right, depending on the courtroom,” Cox said. “By the witness side, wherever whichever side that’s on is your jury box. So the jurors will have a straight up shot to look at the witness, observe any non-verbal cues or things like that that the witness has or does, and they’ll be right in front of them.”

The plaintiff(s) are seated closest to the jury box at the council table and then defense is seated next to them with a podium in the middle.

“They’re very sanitary, if you will,” Cox said. “There’s not a lot of furniture, not a lot of thrills. You’ve got the American and state flag usually right behind the judge and that’s it.”

A sketch artist may be inside the courtroom, and they may be seated with a good view of those taking the stand.

Then, a bar separates part of the courtroom for the rest of the public who may be present with a “little pony wall,” as Cox describes.

“Right behind it are the Catholic Church pews, if you will, for seating for everybody else,” Cox said.

“Trials like this and in general are typically public. So in this case, there’s probably a designated area specifically for media people, so they will sit in that spot, and then the family or representatives will sit in the other.

“No witnesses are allowed in the courtroom at all during a trial. That’s part of the rule until after they have completed their testimony and been released by both parties.

“So it’s pretty open and depending on the size of the courtroom will determine how many of the little pews, if you will, are there. And that’s it. There’s really not a whole lot in the courtroom.”