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2023 California Rules of Court

Rule 5.74. Pleadings and amended pleadings

(a) Definitions

(1)  "Pleading" means a petition, complaint, application, objection, answer, response, notice, request for orders, statement of interest, report, or account filed in proceedings under the Family Code.

(2)  "Amended pleading" means a pleading that completely restates and supersedes the pleading it amends for all purposes.

(3)  "Amendment to a pleading" means a pleading that modifies another pleading and alleges facts or requests relief materially different from the facts alleged or the relief requested in the modified pleading. An amendment to a pleading does not restate or supersede the modified pleading but must be read together with that pleading.

(4)   "Supplement to a pleading" and "supplement" mean a pleading that modifies another pleading but does not allege facts or request relief materially different from the facts alleged or the relief requested in the supplemented pleading. A supplement to a pleading may add information to or may correct omissions in the modified pleading.

(b) Forms of pleading

(1)  The forms of pleading and the rules by which the sufficiency of pleadings is to be determined are solely those prescribed in these rules.

(2)  Demurrers, motions for summary adjudication, and motions for summary judgment must not be used in family law actions.

(Subd (b) amended effective January 1, 2014.)

(c) Amendment to pleadings

(1)  Amendments to pleadings, amended pleadings, and supplemental pleadings may be served and filed in conformity with the provisions of law applicable to such matters in civil actions generally, but the petitioner is not required to file a reply if the respondent has filed a response.

(2)  If both parties have filed initial pleadings (petition and response), there may be no default entered on an amended pleading of either party.

Rule 5.74 amended effective January 1, 2014; adopted effective January 1, 2013.

Title 5, Family and Juvenile Rules-Division 1, Family Rules-Chapter 4, Starting and Responding to a Family Law Case; Service of Papers-Article 6, Specific Proceedings; adopted January 1, 2013.

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