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. The court has discretion to determine the extent of that party’s interest and find as a matter of fact the risk posed of that party’s death or incapacity if trial is delayed. The law in this area allows an attorney to support a preference motion with an affidavit based upon information and belief regarding the medical diagnosis and prognosis. An attorney’s declaration may consist entirely of hearsay and conclusions, according to case law.
Note–The party’s motion for priority will fail if the declaration fails to explain how Plaintiff’s conditions could interfere with his ability to participate in his own trial.