California

Family Law

Family Law

Rule 5.12 – Request for order regarding discovery

(a) Use of terms

In a family law proceeding, the term “request for order” has the same meaning as the terms “motion” or “notice of motion” when they are used in the Code of Civil Procedure.

(Subd (a) adopted effective July 1, 2016.)

(b) Applicable law

A request for order regarding discovery in family court is subject to the provisions of for discovery motions under Code of Civil Procedure sections 2016.010 through 2036.050 and Family Code sections through 2113 regarding disclosure of assets and liabilities.

(Subd (b) amended and relettered effective July 1, 2016; adopted as subd (a).)

(c) Applicable rules

Discovery proceedings brought in a case under the Family Code must comply with applicable civil rules for motions, including:

(1) The format of supplemental and further discovery (rule 3.1000 );
(2) Oral deposition by telephone, videoconference, or other remote electronic means (rule 3.1010 );
(3) Separate statement requirements (rule 3.1345 );
(4) Service of motion papers on nonparty deponent (rule 3.1346 ); and
(5) Sanctions for failure to provide discovery (rule 3.1348 ).

(Subd (c) amended and relettered effective July 1, 2016; adopted as subd (b).)

Cal. R. Ct. 5.12

Rule 5.12 amended effective July 1, 2016; adopted effective January 1, 2013.