Trial Preference

A trial preference is a court order that moves a case to the front of the trial calendar so it is heard sooner than the normal queue. Courts grant it when a delay would prejudice a party, most often when a plaintiff is seriously ill and may not survive a long wait. In asbestos litigation it is one of the most important procedural tools available to a dying patient.

Origin

Trial preference rules grew out of the general docket-management powers courts have long held. Many states later codified specific preference statutes for terminally ill or elderly plaintiffs; California's Code of Civil Procedure section 36, which grants preference to plaintiffs over 70 or with a limited life expectancy, is among the most cited.

Significance in Asbestos Context

For a mesothelioma patient, a trial preference can mean the difference between testifying in your own case and having your family carry it forward after your death. Because mesothelioma often carries a prognosis measured in months, your legal team can ask the court to set an expedited trial date, sometimes within a few months of the motion. Preference also tends to push defendants toward earlier settlement. You will usually need a declaration from your treating physician about your prognosis to support the request.

Example Sentence

Because his oncologist estimated six months, his attorneys moved for trial preference and secured a trial date within four months.

Related Terms

Statute of Limitations, Expedited Discovery, Wrongful Death Claim, Deposition, Docket

Notes

• Ask your attorney early whether your jurisdiction has an age- or illness-based preference statute; the motion works best filed soon after diagnosis.
• Preserve a dated prognosis letter from your treating physician, since courts require medical documentation of limited life expectancy.
• A preference date compresses the schedule, so your videotaped deposition may be set quickly; prepare for it with your legal team.