Rule 5.393.Setting trials and long-cause hearings

Division 1. Family Rules · Chapter 13. Trials and Long-Cause Hearings · Adopted 2013 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.393 defines a trial day and a long-cause hearing, and requires them to be scheduled as close to back-to-back as the judge’s calendar allows.

Full Text of Rule 5.393

Text sizeJump to: (a) (b) (c) (d)

(a) Definitions

For purposes of this rule:

(1) A “trial day” is defined as a period no less than two and a half hours of a single court day.

(2) A “long-cause hearing” is defined as a hearing on a request for order that extends more than a single court day.

(3) A “trial brief” or “hearing brief” is a written summary or statement submitted by a party that explains to a judge the party’s position on particular issues that will be part of the trial or hearing.

(b) Conference with judge before trial or long-cause hearing

The judge may schedule a conference with the parties and their attorneys before any trial or long-cause hearing.

(1) Time estimates During the conference, each party must provide an estimate of the amount of time that will be needed to complete the trial or long-cause hearing. The estimate must take into account the time needed to examine witnesses and introduce evidence at the trial.

(2) Trial or hearing brief The judge must determine at the conference whether to require each party to submit a trial or hearing brief. If trial briefs will be required, they must comply with the requirements of rule 5.394. Any additional requirements to the brief must be provided to the parties in writing before the end of the conference.

Consistent with the goal of affording family law litigants continuous trials and long-cause hearings without interruption, when trials or long-cause hearings are set, they must be scheduled on as close to sequential days as the calendar of the trial judge permits.

(d) Intervals between trial or hearing days

When trials or long-cause hearings are not completed in the number of days originally scheduled, the court must schedule the remaining trial days as soon as possible on the earliest available days with the goal of minimizing intervals between days for trials or long-cause hearings.

End

Plain-English Summary

The definitions matter because they set expectations. A "trial day" is a period of no less than two and a half hours of a single court day. A "long-cause hearing" is a hearing on a request for order that runs beyond a single court day.

Before either, the judge may hold a conference at which each party gives a time estimate accounting for examining witnesses and introducing evidence, and at which the judge decides whether trial or hearing briefs will be required — with any additional requirements given to the parties in writing before the conference ends.

The scheduling provisions are aimed at a familiar problem: family trials heard in fragments weeks apart. Trials and long-cause hearings must be scheduled on as close to sequential days as the trial judge’s calendar permits, and where they do not finish in the days originally set, the court must schedule the remaining days as soon as possible on the earliest available dates, minimizing the intervals.

Frequently Asked Questions

What counts as a trial day in family court?

A period of no less than two and a half hours of a single court day.

What is a long-cause hearing?

A hearing on a request for order that extends more than a single court day.

Will my trial be heard on consecutive days?

The rule requires trials and long-cause hearings to be scheduled on as close to sequential days as the trial judge’s calendar permits, and unfinished matters to be resumed on the earliest available days.

Amendment History

Rule 5.393 adopted effective January 1, 2013.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: family law trial setting Californialong cause hearing definitionsequential trial days family court