Rule 5.394.Trial or hearing brief

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 5.394 sets what a family law trial or hearing brief must contain and when it must be served.

Full Text of Rule 5.394

Text sizeJump to: (a) (b)

(a) Contents of brief

For cases in which the judge orders each party to complete a trial or hearing brief or other pleading, the contents of the brief must include at least:

(1) The statistical facts and any disputes about the statistical facts. Statistical facts that may apply to the case could include:

(A) Date of the marriage or domestic partnership;

(B) Date of separation;

(D) Names and ages of the parties’ minor children;

(2) A brief summary of the case;

(3) A statement of any issues that need to be resolved at trial;

(4) A brief statement summarizing the contents of any appraisal or expert report to be offered at trial;

(5) A list of the witnesses to be called at trial and a brief description of the anticipated testimony of each witness, as well as name, business address, and statement of qualifications of any expert witness;

(6) Any legal arguments on which a party intends to rely; and

(7) Any other matters determined by the judge to be necessary and provided to the parties in writing.

(b) Service of brief

The parties must serve the trial or hearing brief on all parties and file the brief with the court a minimum of 5 court days before the trial or long-cause hearing.

End

Plain-English Summary

Where the judge orders briefs, this rule fixes the minimum contents — and the list is practical rather than rhetorical. It begins with the statistical facts and any disputes about them: the date of marriage or domestic partnership, the date of separation, the length in years and months, and the names and ages of the minor children. Those four items decide a great deal in a family case, and disagreement about them is better surfaced before trial than during it.

The rest follows: a brief summary of the case; the issues needing resolution; a summary of any appraisal or expert report to be offered; a witness list with a description of each witness’s anticipated testimony, and for experts their name, business address and qualifications; the legal arguments relied on; and anything else the judge specified in writing.

Service and filing are due a minimum of 5 court days before the trial or long-cause hearing.

Frequently Asked Questions

What has to go in a family law trial brief?

At least the statistical facts and any disputes about them, a summary of the case, the issues to be resolved, a summary of any appraisal or expert report, a witness list with anticipated testimony and expert qualifications, the legal arguments relied on, and anything else the judge required in writing.

When is the trial brief due?

Served on all parties and filed with the court a minimum of 5 court days before the trial or long-cause hearing.

Amendment History

Rule 5.394 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 brief requirements Californiahearing brief contents family courtstatistical facts trial brief