What is a motion for preference?

California Law on Trial Preference The court can grant the motion for preference request if it makes two findings: The party seeking preference has a substantial interest in the case, and… The health of that party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation.

What cases are entitled to preference California?

There are three main grounds for granting preference: the moving party is at least 70 years old and in ill health (Code of Civil Procedure § 36(a)); the moving party in a personal injury or wrongful death matter is under the age of 14 (§ 36(b)); or the moving party is unlikely to survive beyond another six months (36(d …

Is a motion a trial?

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.

When does a party file a motion for preference?

Under §36 (a), when a party age 70 or older moves for preference, the court must grant the request if it finds both that (1) the party has a substantial interest in the action as a whole, and (2) the party’s health is such that preference is necessary “to prevent prejudicing the party’s interest in the litigation.”

What are the advantages of a motion for preference?

A case granted preference has enormous advantages: the trial date is expedited, and the trial date will be certain, because courts are very limited in their ability to continue the trial date in a preference case. This also moves your case to the front of the line when assigning open courtrooms for trial.

When to deny a motion for trial setting preference?

Subsection § 36 (b) on its face authorizes denial of trial setting preference where “the court finds that the party does not have a substantial interest in the case as a whole…” This is the biggest area of vulnerability under § 36 (b), because “the phrase will have to be defined by case law.

Can a declaration be admissible in a motion for preference?

Evidence regarding the plaintiff’s condition can be a simple declaration by an attorney, based on information and belief, regarding the plaintiff’s medical diagnosis and prognosis. The declaration is not admissible for any purpose other than the preference motion. (§ 36.5.)

When does a motion for preference go to trial?

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.

A case granted preference has enormous advantages: the trial date is expedited, and the trial date will be certain, because courts are very limited in their ability to continue the trial date in a preference case. This also moves your case to the front of the line when assigning open courtrooms for trial.

Can a defendant file a pre trial motion?

The opportunity to file a pre-trial motion only comes around once, which is why it is best that you discuss with your attorney which motions, in particular, can be beneficial to your case. Some of the most common pre-trial motions include:

Evidence regarding the plaintiff’s condition can be a simple declaration by an attorney, based on information and belief, regarding the plaintiff’s medical diagnosis and prognosis. The declaration is not admissible for any purpose other than the preference motion. (§ 36.5.)