Appeals in probate proceedings, in contested election cases, and in actions for libel or slander by a person who holds any elective public office or a candidate for any such office alleged to have occurred during the course of an election campaign shall be given preference in hearing in the courts of appeal, and in the Supreme Court when transferred thereto. All these cases shall be placed on the calendar in the order of their date of issue, next after cases in which the people of the state are parties.
§ 44.Preference for probate, election, and certain defamation cases
Title 1. Organization and Jurisdiction · Chapter 3. Supreme Court · Last amended 1984 · Last verified July 28, 2026
In one sentence§ 44 gives appellate preference — right after cases involving the People of the State of California — to appeals in probate proceedings, contested election cases, and libel or slander suits by an elected official or candidate over conduct during an election campaign.
Full Text of § 44
Plain-English Summary
Some appeals cannot sit in the ordinary queue without defeating their own purpose. § 44 names three categories that jump ahead: probate appeals, because heirs and creditors need estates settled without needless delay; contested election appeals, because an unresolved election dispute undermines the office itself; and libel or slander appeals brought by an elected official or candidate over conduct during a campaign.
These cases are placed on the calendar in the order the appeal was filed, immediately after any case in which the People of the State of California are a party. That ranking gives them real priority without letting them displace the state’s own litigation.
Frequently Asked Questions
Which appeals get preference under § 44?
Probate proceedings, contested election cases, and libel or slander actions brought by a current elected official or a candidate over conduct during an election campaign.
Where do these appeals rank against other cases?
They are calendared in filing order right after cases where the People of the State of California are a party — ahead of ordinary civil appeals, but behind the state’s own cases.
Amendment History
Added Stats 1887 ch 73 § 1 as § 57. Amended Stats 1903 ch 62 § 1; Stats 1933 ch 743 § 7. Amended and renumbered Stats 1967 ch 17 § 6. Amended Stats 1982 ch 1642 § 1, operative June 5, 1984.
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: probate appeal preferenceelection contest appeal prioritycandidate defamation lawsuit preference