Illinois Compiled Statutes 735 ILCS 5/2-1007.1 – Preference in setting for trial
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(a) A party who is an individual or, in the case of a wrongful death action, is the surviving spouse or next of kin and who has reached the age of 67 years shall, upon motion by that party or the administrator of the estate of the deceased person or special administrator, be entitled to preference in setting for trial, which shall commence within one year of the hearing on the motion, unless the court finds that the party does not have a substantial interest in the case as a whole. The trial setting shall apply only to the moving party and to those defendants who have appeared and answered the complaint at the time notice of the motion for preference in setting for trial is served. If any new party is added to a lawsuit after the setting of a trial under this Section, any party may move the court to amend the trial setting to allow for trial to commence up to one year after the date a new defendant appeared and answered the complaint or up to one year after the date a plaintiff was added to the lawsuit.
(b) The court shall grant a motion for preference in setting for trial where a party or, in the case of a wrongful death action, the surviving spouse or next of kin shows substantial physical or financial hardship or alternatively shows good cause that the interests of justice will be served by granting a preference in setting for trial within one year of the hearing on the motion.
(c) Any party may move for a trial continuance of up to 6 months for good cause shown. Any subsequent motions for trial continuance under this Section shall be granted only to the extent necessary for trial to commence as soon as practicable.
(d) The changes to this Section by this amendatory Act of the 103rd General Assembly apply to actions commenced or pending on or after the effective date of this amendatory Act of the 103rd General Assembly.
(b) The court shall grant a motion for preference in setting for trial where a party or, in the case of a wrongful death action, the surviving spouse or next of kin shows substantial physical or financial hardship or alternatively shows good cause that the interests of justice will be served by granting a preference in setting for trial within one year of the hearing on the motion.
Terms Used In Illinois Compiled Statutes 735 ILCS 5/2-1007.1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Continuance: Putting off of a hearing ot trial until a later time.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Surviving spouse: means "widow" or "widower" as the case may be. See Illinois Compiled Statutes 5 ILCS 70/1.32
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) Any party may move for a trial continuance of up to 6 months for good cause shown. Any subsequent motions for trial continuance under this Section shall be granted only to the extent necessary for trial to commence as soon as practicable.
(d) The changes to this Section by this amendatory Act of the 103rd General Assembly apply to actions commenced or pending on or after the effective date of this amendatory Act of the 103rd General Assembly.