An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and prognosis of any party. The affidavit is not admissible for any purpose other than a motion for preference under subdivision (a) of Section 36.
§ 36.5.Affidavit in support of motion for preference
Title 1. Organization and Jurisdiction · Chapter 1. Courts of Justice in General · Enacted 1990 · no amendments on record · Last verified July 28, 2026
In one sentence§ 36.5 lets an attorney sign the medical-diagnosis affidavit supporting a § 36 trial-preference motion based on information and belief, but limits that affidavit to that one purpose.
Full Text of § 36.5
Plain-English Summary
A trial-preference motion under § 36(a) often needs medical proof of the moving party’s health, and that proof does not always come straight from the party. § 36.5 lets the attorney submit that piece on the client’s behalf.
The attorney’s affidavit can address the party’s medical diagnosis and prognosis on information and belief, rather than firsthand knowledge, which matters because an attorney is not a physician and cannot personally attest to a client’s condition. The tradeoff is that the affidavit works only for the preference motion — it is not admissible for any other purpose in the case.
Frequently Asked Questions
Can a lawyer sign the medical affidavit for a trial-preference motion?
Yes — § 36.5 allows the attorney for the party seeking preference to sign the affidavit based on information and belief about the party’s diagnosis and prognosis.
Can that affidavit be used later at trial or for another motion?
No. § 36.5 limits the affidavit to the preference motion under subdivision (a) of § 36 and makes it inadmissible for any other purpose.
Amendment History
Added Stats 1990 ch 1232 § 1 (AB 3820).
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: attorney affidavit trial preferencemedical affidavit information and beliefdeclaration for motion for preference