For decades, the U.S. District Court for the Eastern District of Virginia has carried the nickname the “Rocket Docket” for its famously fast pace in moving cases to trial. But is that reputation still deserved today?
I’d like to hear from other lawyers and litigants about your recent experiences with the current speed of the docket in the Eastern District of Virginia. Please email me directly at kevinmottley@mottleylawfirm.com with your insights.
My Early Experience With the Rocket Docket
When I first heard the phrase “Rocket Docket,” I was a young associate at a downtown Richmond firm in the late 1990s. My first case in the Eastern District of Virginia was assigned to the Honorable Robert R. Merhige, Jr. As soon as the defendants filed their answer, Judge Merhige issued a scheduling order setting the trial within four to six months.
At the time, I didn’t fully appreciate how fast that schedule really was. Looking back, it truly lived up to the “Rocket Docket” name.
How the Pace Has Changed Over Time
Reviewing my own experience over the past decade, I’ve noticed the docket slowing down. In 2014, I handled a brain injury case that was set for trial only seven months after being removed from state court — about six months after the Rule 16(b) conference. That was still a fairly quick turnaround.
By 2017, however, another case of mine was scheduled for trial a full year after removal and nine months after the scheduling conference. That was a noticeable slowdown compared to earlier years.
Then came a product liability brain injury case that was removed from state court in the middle of the COVID-19 pandemic. That case was scheduled for trial about 13 months later — understandable under the circumstances, but definitely slower than pre-pandemic norms.
Recent Trends in the Eastern District
In more recent years, this slower pace seems to have become the rule rather than the exception. Just this morning, I reviewed the docket for a products liability case currently pending before Judge Young in the Richmond Division. The complaint in that case was filed in November 2024, but the Rule 16(b) scheduling conference didn’t occur until July 2025. The trial was then set for March 2026 — about 16 months after filing.
That’s a far cry from the rocket-fast pace the Eastern District of Virginia was once known for. In fact, it’s slower than the timelines I’ve recently experienced in the Western District of Virginia.
What Factors Are Affecting the Speed?
Is this slower timeline the new normal? It’s hard to say for certain, but it seems clear that the “Rocket Docket” isn’t quite as fast as it used to be. Many factors could be influencing the pace — including the assigned judge, whether you opt for a magistrate, and which division your case is filed in.
As trial lawyers, docket speed has always been a key factor when deciding where to file a case. I’m currently weighing whether to file a new case in the Eastern District or in state court, and docket pace is definitely a consideration.
Share Your Experience
If you’ve had a recent case in the Eastern District of Virginia, I’d appreciate your input. How quickly was your case set for trial? Did it live up to the Rocket Docket name — or not so much?
Please share your thoughts by emailing me directly at kevinmottley@mottleylawfirm.com. Your feedback will help shed light on whether the Eastern District of Virginia’s “Rocket Docket” reputation still holds true today.
