Chapter § 2.05 Venue Considerations

• Jurisdiction: United States
• Publication year: 2020

§ 2.05 Venue Considerations

[1] Advantages

It is often advantageous to have the case heard in the plaintiff’s own “backyard.” The hometown location offers the advantages of reducing plaintiff’s expenses, reducing business or work schedule disruptions, familiarity with the court, and possibly the jury’s familiarity with the plaintiff. Also, a common belief is that a local jury will be more receptive and sympathetic toward a local plaintiff. Employers and individuals with favorable local reputations are likely to garner some support from local juries. Conversely, a large local employer with a bad reputation can provoke jurors’ negative perceptions.

[2] Expedited or Accelerated Dockets in Federal Court

If the plaintiff has a strategic need for a speedy case resolution, a high-speed docket may offer the best solution. Although the common term “rocket dockets” is frequently associated with high-speed courts hearing patent infringement cases in federal court, the practice is becoming more common in other areas. The rocket docket commonly sets firm deadlines that are strictly enforced.⁴³ The court will also set an aggressive discovery schedule that may limit the scope of discovery, and it rarely grants time extensions. Moreover, the court will often rule on motions from the bench, not take them under advisement. The philosophy behind the rocket docket is that the parties and their counsel must work at a faster pace meet shorter deadlines—and thus the chances for resolution are more likely.

The rocket docket has a number of advantages. First, plaintiffs save costs as their lawyers spend less time litigating the cases.⁴⁴ Also, defendants will have less time to develop their trial themes, defenses, and strategic use of witnesses and experts. In some instances, defendants may lose rulings simply by failing to meet the strictly enforced deadlines.⁴⁵ Finally, while less time litigating can result in the plaintiff incurring less costs,⁴⁶ an unsuspecting defendant can incur legal expenses more rapidly, which can encourage settlement.

There are also potential disadvantages of a rocket docket. Despite the plaintiff’s preparedness, an unexpected substantive defense can arise.⁴⁷ In these instances, the rocket docket’s speed and limited time to respond will work against the plaintiff. Additionally, access to information can be problematic, as the plaintiff may not have the necessary access to defendant’s information and will have very limited time to make discovery challenges before the court.⁴⁸ Finally, particularly complicated cases may be difficult to develop in a truncated time frame.⁴⁹

[3] State Courts

Judges in many state trial courts have heavy caseloads. For example, the Circuit Court of Cook County, Illinois had 212,713 newly filed civil cases in 2016 alone, and 318,573 were pending at the end of the year. It took 30 months on average in Cook County for a civil case to reach a jury verdict.⁵⁰ If the plaintiff can establish jurisdiction in a state court, it can prolong the litigation’s length and increase the case’s flexibility. More time from filing to trial can allow a plaintiff to access and review more discovery, and judges may be more...