2-1007.1.Preference in setting for trial.

Section 2-1007.1 lets certain litigants jump the line to trial. An individual party who has reached age 67, or the surviving spouse or next of kin in a wrongful death case who has reached that age, can move for a preference in setting for trial that must commence within one year of the hearing on the motion — unless the court finds the moving party lacks a substantial interest in the case as a whole. The preference applies only to the moving party and to defendants who have appeared and answered by the time notice of the motion is served; if a new party joins the case later, any party can ask the court to amend the trial setting to allow up to a year from that new party's appearance.

A second path does not depend on age at all. Section 2-1007.1(b) requires the court to grant a trial preference where a qualifying party, or the surviving spouse or next of kin in a wrongful death case, shows substantial physical or financial hardship, or otherwise shows good cause that the interests of justice will be served by setting trial within a year.

Once a preference is in place, the statute keeps the trial date from slipping too far. Any party may still move for a continuance of up to six months for good cause shown, but any later continuance motion is granted only to the extent necessary for trial to proceed as soon as practicable.