Code of Civil Procedure § 36 – Motion for Preference (Expedited Trial)
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Code of Civil Procedure § 36 – Motion for Preference (Expedited Trial)
Code of Civil Procedure – CCP
PART 1. OF COURTS OF JUSTICE [35 – 286]
( Part 1 repealed and added by Code Amendments 1880, Ch. 35. )TITLE 1. ORGANIZATION AND JURISDICTION [35 – 155]
( Title 1 repealed and added by Code Amendments 1880, Ch. 35. )CHAPTER 1. Courts of Justice in General [35 – 38]
( Chapter 1 added by Code Amendments 1880, Ch. 35. )California Law
36.
(a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings:
(1) The party has a substantial interest in the action as a whole.
(2) The health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation.
(b) A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision.
(c) Unless the court otherwise orders:
(1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared.
(2) At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference.
(d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference.
(e) Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference.
(f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party.
(g) Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider’s alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted.
(Amended by Stats. 2008, Ch. 218, Sec. 1. Effective January 1, 2009.)
California Law Summary
This statute provides certain parties in civil actions the right to an expedited trial date, ensuring that their cases are heard promptly under specific circumstances.
Eligibility Criteria:
Elderly Litigants (Subdivision a):
A party over 70 years of age may petition for trial preference if:They have a substantial interest in the action, and
Their health is such that a preference is necessary to prevent prejudicing their interest in the litigation.
Minor Plaintiffs (Subdivision b):
In actions for personal injury or wrongful death, a party under 14 years of age is entitled to preference unless the court finds they do not have a substantial interest in the case.Terminal Illness (Subdivision d):
The court may grant preference if presented with clear and convincing medical documentation indicating that a party suffers from an illness or condition raising substantial medical doubt of survival beyond six months, and that the interests of justice will be served by granting the preference.Interests of Justice (Subdivision e):
The court has discretion to grant preference if it determines that the interests of justice will be served by doing so.
Trial Scheduling:
Upon granting a motion for preference, the court must set the trial date within 120 days from the date of the order. Continuances beyond this period are limited to instances of physical disability of a party or their attorney, or upon a showing of good cause, and even then, only for a maximum of 15 days.
In cases involving health care provider professional negligence, the trial must be set not sooner than six months and not later than nine months from the date the motion is granted.
Purpose
To ensure that vulnerable parties such as the elderly, minors, or those with terminal illnesses receive timely access to the courts, thereby safeguarding their legal rights and interests.
Application
This statute is particularly relevant in personal injury litigation, where delays can significantly impact the well-being and legal remedies available to plaintiffs. For instance, elderly plaintiffs or those with serious health conditions may seek expedited trials to ensure their cases are resolved within their lifetimes.
