Rule 5.394. Trial or hearing brief

Cal. Rules of Court, rule 5.394

Current text effective January 1, 2013.

#(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;

#(C) Length of marriage or domestic partnership in years and months; and

#(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.

#History

Rule 5.394 adopted effective January 1, 2013.

#History

Title 5, Family and Juvenile Rules-Division 1, Family Rules-Chapter 14, Default Proceedings and Judgments; adopted January 1, 2013.

What this rule requires

Filing Timing and Cure Windows

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.

Service and Proof of Service Rules

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.

Document Filing Requirements

(1) The statistical facts and any disputes about the statistical facts.
(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.

Official text: courts.ca.gov , checked October 19, 2026.