In setting a case for trial, the court, at the initial case management conference or at any other proceeding at which the case is set for trial, must consider all the facts and circumstances that are relevant. These may include:
Rule 3.729.Setting the trial date
Division 7. Civil Case Management · Chapter 3. Case Management · Adopted 2007 · no amendments on record · Last verified July 29, 2026
In one sentenceRule 3.729 requires a California court, when setting a case for trial at the initial case management conference or any other proceeding, to weigh all relevant facts and circumstances from a lengthy list covering case complexity, party and counsel readiness, remaining discovery and motions, trial logistics, and the fair and efficient disposition of the case.
Full Text of Rule 3.729
(1) The type and subject matter of the action to be tried;
(2) Whether the case has statutory priority;
(3) The number of causes of action, cross-actions, and affirmative defenses that will be tried;
(4) Whether any significant amendments to the pleadings have been made recently or are likely to be made before trial;
(6) The number of parties with separate interests who will be involved in the trial;
(7) The complexity of the issues to be tried, including issues of first impression;
(8) Any difficulties in identifying, locating, or serving parties;
(9) Whether all parties have been served and, if so, the date by which they were served;
(10) Whether all parties have appeared in the action and, if so, the date by which they appeared;
(11) How long the attorneys who will try the case have been involved in the action;
(12) The trial date or dates proposed by the parties and their attorneys;
(13) The professional and personal schedules of the parties and their attorneys, including any conflicts with previously assigned trial dates or other significant events;
(14) The amount of discovery, if any, that remains to be conducted in the case;
(15) The nature and extent of law and motion proceedings anticipated, including whether any motions for summary judgment will be filed;
(16) Whether any other actions or proceedings that are pending may affect the case;
(17) The amount in controversy and the type of remedy sought;
(18) The nature and extent of the injuries or damages, including whether these are ready for determination;
(19) The court’s trial calendar, including the pendency of other trial dates;
(20) Whether the trial will be a jury or a nonjury trial;
(21) The anticipated length of trial;
(22) The number, availability, and locations of witnesses, including witnesses who reside outside the county, state, or country;
(23) Whether there have been any previous continuances of the trial or delays in setting the case for trial;
(24) The achievement of a fair, timely, and efficient disposition of the case; and
(25) Any other factor that would significantly affect the determination of the appropriate date of trial.
Plain-English Summary
Setting a trial date isn’t just picking the next open slot on the court’s calendar. Rule 3.729 requires the court to weigh all the facts and circumstances that are relevant, whether that decision happens at the initial case management conference or at some later proceeding where the case gets set for trial.
The rule’s list of relevant factors runs long, but it groups into recognizable clusters. Some factors look at the case itself — its type and subject matter, whether it carries statutory priority, how many causes of action and defenses will be tried, its complexity, and whether a party intends to move to add a punitive damages claim under Code of Civil Procedure section 425.13. Others look at the parties and their lawyers — when everyone was served and appeared, how long trial counsel have been involved, and their professional and personal scheduling conflicts. A third group looks at what remains to be done — outstanding discovery, anticipated motions including summary judgment, and other pending proceedings that might affect the case. The rest covers trial logistics and history — the number and location of witnesses, the court’s own calendar, whether the trial has been continued before, and the overall goal of a fair, timely, and efficient disposition.
Rule 3.728’s case management order is often where a trial date set under this standard ends up recorded, but rule 3.729 supplies the substantive test the court applies to reach that date, and it applies whenever a court sets a case for trial, not only at the initial conference.
Frequently Asked Questions
What factors does a California court weigh when setting a trial date?
Rule 3.729 lists twenty-five, spanning case complexity, party and counsel readiness, remaining discovery and motions, trial logistics like witness availability, and the goal of a fair and timely disposition.
Does rule 3.729 apply only at the initial case management conference?
No. It applies at the initial case management conference or at any other proceeding where the case is being set for trial.
Can a court consider how long an attorney has been on a case when setting the trial date?
Yes. Rule 3.729 lists how long the attorneys who will try the case have been involved in the action as a relevant factor.
Is statutory trial priority a factor in setting the trial date?
Yes. Whether the case has statutory priority is one of the factors rule 3.729 directs the court to consider.
Amendment History
Rule 3.729 adopted effective January 1, 2007.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
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