Legal Definitions - preferred docket

A preferred docket refers to a specialized list or schedule of cases that a court prioritizes for hearing, trial, or resolution over other cases. This prioritization is typically mandated by law, court rules, or judicial discretion due to the urgent nature of the matter, significant public interest, or specific legal requirements that demand expedited attention. Cases on a preferred docket are moved through the court system more quickly than standard cases.

Here are some examples illustrating the concept of a preferred docket:

• Public Health Emergency Injunction: A state environmental agency files an emergency lawsuit against a manufacturing plant that is illegally discharging toxic waste into a river, creating an immediate and severe health risk for downstream communities. The agency seeks an immediate injunction to halt the pollution.

  This case would likely be placed on a preferred docket because the potential for widespread public health harm demands swift judicial intervention. The court would prioritize this matter over less urgent civil disputes to protect the public from imminent danger.

• Election Contest Lawsuit: After a very close gubernatorial election, the losing candidate files a lawsuit alleging significant voting irregularities and seeking a recount or a new election.

  Many jurisdictions have laws that mandate expedited review for election-related disputes to ensure the timely certification of results and the smooth transition of power. Such a case would be assigned to a preferred docket to resolve the uncertainty quickly and uphold the integrity of the electoral process.

• Emergency Child Protection Order: A social services agency files an emergency petition with the family court, seeking immediate temporary custody of a child after receiving credible reports of severe neglect and abuse by the child's guardians.

  Cases involving the immediate safety and well-being of a child are almost always given priority. Courts have specific rules to place such urgent matters on a preferred docket, allowing for a swift hearing and judicial intervention to protect the child from imminent harm.