Rule 5.12.Request for order regarding discovery

Division 1. Family Rules · Chapter 1. General Provisions · Article 4. Discovery · Last amended 2016 · Last verified September 10, 2026

In one sentenceRule 5.12 confirms that a family law “request for order” is the equivalent of a civil motion for discovery purposes, and routes discovery disputes through the Civil Discovery Act and the civil motion rules.

Full Text of Rule 5.12

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

(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.

(b) Applicable law

A request for order regarding discovery in family court is subject to the provisions for discovery motions under Code of Civil Procedure sections 2016.010 through 2036.050 and Family Code sections 2100 through 2113 regarding disclosure of assets and liabilities.

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).

End

Plain-English Summary

Family court uses its own vocabulary. Where a civil case has a motion or a notice of motion, a family case has a request for order. Subdivision (a) makes the equivalence explicit, which matters because the discovery statutes and rules are written in the civil vocabulary.

From there the rule points outward. Discovery requests in family court run under the Civil Discovery Act — Code of Civil Procedure sections 2016.010 through 2036.050 — together with the Family Code’s own disclosure provisions at sections 2100 through 2113. Subdivision (c) then lists the civil motion rules that apply by name: the format of supplemental and further discovery, remote depositions, the separate statement requirement, service on a nonparty deponent, and sanctions for failing to provide discovery.

The practical consequence is that a discovery fight in family court looks like a discovery fight anywhere else. The separate statement requirement in particular catches people out — it is not excused because the case is a dissolution.

Frequently Asked Questions

Is a “request for order” the same as a motion?

For these purposes, yes. Rule 5.12(a) gives “request for order” the same meaning that “motion” and “notice of motion” carry in the Code of Civil Procedure.

Do I need a separate statement for a discovery motion in family court?

Rule 5.12(c) lists the separate statement requirement among the civil rules that discovery proceedings under the Family Code must comply with.

Which disclosure rules apply on top of the civil discovery statutes?

Family Code sections 2100 through 2113, which govern disclosure of assets and liabilities. Rule 5.12(b) applies them alongside the Civil Discovery Act.

Amendment History

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

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

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 discovery motion Californiarequest for order discoveryseparate statement family courtdiscovery sanctions family law