Former NASCAR driver Tony Stewart is due back in court in Utica Thursday, for a settlement hearing with the family of Kevin Ward Jr. -- despite the two sides saying that they have worked out an agreement.

Ward's parents filed a wrongful death lawsuit for their son's death back in 2014 following the crash that killed their son at Canandaigua Motorsports Park.

The case was headed for trial next month, but lawyers say that a confidential settlement was reached last week.

Despite the settlement, a judge is still requiring Stewart and Ward's parents to appear in person to determine if the agreement holds up under the court of law.

If so, the trial will be cancelled. Otherwise, jury selection would begin on May 7.