2.1 Strategic Questions—do You Want to Be in Federal Court?

• Library: Federal Civil Practice in Virginia (Virginia CLE) (2023 Ed.)

2.1 STRATEGIC QUESTIONS—DO YOU WANT TO BE IN FEDERAL COURT?

2.101 Some Potential Advantages

A. Speed of resolution.

B. Uniformity.

C. Familiarity with federal law (if the case involves a federal claim that could be brought in state or federal court). ¹⁷

D. Summary judgment is possible because of the ability to rely on depositions and affidavits, whereas Virginia state procedure prohibits the use of depositions or affidavits to support motions for summary judgment (and Virginia's general bias against summary disposition). ¹⁸

E. In discovery-intensive cases, the parties can get quicker rulings in federal court.

F. Written opinions more frequent than in state court.

G. Federal subpoena power for discovery in other states.

H. Settlement conference and no-cost mediation.

I. Greater "body of law" relating

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