Thought Leadership

The Rocket Docket

Client Updates

It’s no secret that litigation takes time. A lot of time. Especially in federal court. In fact, the median time from complaint to trial is over 33 months.1

But not in the U.S. District Court for the Eastern District of Virginia. 

Consistently the nation’s fastest trial docket, among practitioners EDVA has earned the moniker “Rocket Docket.” Historically, EDVA’s median complaint-to-trial time has hovered around 9 to 14 months.2  Even faced with a pandemic-related setback, the court recently clocked in at 22 months.3

Some quick info about the Rocket Docket:

  • Four Divisions. EDVA has 4 divisions: Alexandria, Newport News, Norfolk, and Richmond.4  Although each division is part of the Rocket Docket, each division also has its own set of rules and practices. Make sure you pay attention to the nuances of each division when practicing in EDVA.

  • Judges. The Rocket Docket has 11 active judges and, as of today, 9 senior judges. Parties should know who their judges are and any chambers-specific rules, practices, or even preferences.

  • Tight Turnarounds. EDVA moves fast. Early in the case, a district judge issues a Rule 16(B) scheduling order, commencing discovery and setting an initial pretrial conference date before a magistrate judge, usually within 6 to 8 weeks after the complaint is filed.6  Before the conference, the parties must submit their discovery plan. The discovery period itself usually lasts only 3 months. About a week after discovery closes, the district judge schedules a final pretrial conference and sets a trial date—usually 4 to 8 weeks later. Importantly, the court strictly enforces its scheduling orders and has little tolerance for continuances8  or extensions of time.

While this fast pace can be attractive to parties seeking quick resolution of their disputes (or wanting to put pressure on opposing parties and counsel), handling a case in the Rocket Docket can be tricky. In this and future Client Alerts, we highlight some of what makes the Rocket Docket so fast—and why it pays to have skilled counsel familiar with the court’s unique procedural quirks.


1Table C-5, U.S. District Courts–Median Time Intervals From Filing to Disposition of Civil Cases Terminated, by District and Method of Disposition, During the 12-Month Period Ending June 30, 2023 (link). 

 

2See, e.g., Table C-5, U.S. District Courts–Median Time Intervals From Filing to Disposition of Civil Cases Terminated, by District and Method of Disposition, During the 12-Month Period Ending December 31, 2019 (link) (14.3 months, compared to nationwide median of 26.2 months); Table C-5, U.S. District Courts–Median Time Intervals From Filing to Disposition of Civil Cases Terminated, by District and Method of Disposition, During the 12-Month Period Ending March 31, 2013 (link) (11.1 months, compared to nationwide median of 23.8 months); Table C-5, U.S. District Courts–Median Time Intervals From Filing to Disposition of Civil Cases Terminated, by District and Method of Disposition, During the 12-Month Period Ending September 30, 2011 (link) (12.3 months, compared to nationwide median of 23.4 months); Table C-5, U.S. District Courts–Median Time Intervals From Filing to Disposition of Civil Cases Terminated, by District and Method of Disposition, During the 12-Month Period Ending December 31, 2006 (link) (9.4 months, compared to nationwide median of 23.6 months); Table C-5, U.S. District Courts–Median Time Intervals From Filing to Disposition of Civil Cases Terminated, by District and Method of Disposition, During the 12-Month Period Ending December 31, 2002 (link) (9.4 months, compared to nationwide median of 20.7 months).

 

3 Table C-5, U.S. District Courts–Median Time Intervals From Filing to Disposition of Civil Cases Terminated, by District and Method of Disposition, During the 12-Month Period Ending June 30, 2023 (link).

 

4E.D. Va. L. Civ. R. 3(B) (link).

 

5As an example, some of Alexandria’s division-specific information can be found here.

 

6 E.D. Va. L. Civ. R. 16(B); see also E.D. Va. L. Civ. R. 26(A)(2) (“In this district, magistrate judges are authorized to conduct the scheduling and planning conference and issue the scheduling order for which provision is made in Fed. R. Civ. P. 16(b).”).

 

7E.D. Va. L. Civ. R. 16(B) (“The parties and their counsel are bound by the dates specified in any such orders and no extensions or continuances thereof shall be granted in the absence of a showing of good cause.”).

 

8E.D. Va. L. Civ. R. 7(G) (“Motions for continuances of a trial or hearing date shall not be granted by the mere agreement of counsel. No continuance will be granted other than for good cause and upon such terms as the Court may impose.”).

 

9E.D. Va. L. Civ. R. 7(I) (“Any requests for an extension of time relating to motions must be in writing and, in general, will be looked upon with disfavor.”).

 

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