Rule 5.63.Request for order to quash proceeding or responsive relief

Division 1. Family Rules · Chapter 4. Starting and Responding to a Family Law Case; Service of Papers · Article 2. Initial Pleadings · Last amended 2016 · Last verified September 10, 2026

In one sentenceRule 5.63 gives a respondent four grounds to move to quash a family law proceeding, a petitioner the same tool against affirmative relief in a response, and both a deadline they waive by missing.

Full Text of Rule 5.63

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(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) Respondent’s application

Within the time permitted to file a response, the respondent may move to quash the proceeding, in whole or in part, for any of the following reasons:

(1) Lack of legal capacity to sue;

(2) Prior judgment or another action pending between the same parties for the same cause;

(3) Failure to meet the residence requirement of Family Code section 2320; or

(4) Statute of limitations in Family Code section 2211.

The request for order to quash must be served in compliance with Code of Civil Procedure section 1005(b). If the respondent files a request for order to quash, no default may be entered, and the time to file a response will be extended until 15 days after service of the court’s order denying the request for order to quash.

(d) Petitioner’s application

Within 15 days after the filing of the response, the petitioner may move to quash, in whole or in part, any request for affirmative relief in the response for the grounds set forth in (a).

(e) Waiver

The parties are deemed to have waived the grounds set forth in (b) if they do not file a request for order to quash within the time frame set forth.

(f) Relief

When a request for order to quash is granted, the court may grant leave to amend the petition or response and set a date for filing the amended pleadings. The court may also dismiss the action without leave to amend. The action may also be dismissed if the request for order has been sustained with leave to amend and the amendment is not made within the time permitted by the court.

End

Plain-English Summary

The grounds are narrow and specific: lack of legal capacity to sue; a prior judgment or another pending action between the same parties for the same cause; failure to meet the residence requirement for dissolution; and the statute of limitations that applies in nullity proceedings.

The timing does real work. A respondent must move within the time allowed to file a response. Filing the request blocks entry of default and extends the time to respond until 15 days after service of an order denying it — so a respondent who moves to quash is not exposed while the motion is pending. A petitioner has 15 days after the response is filed to move against any request for affirmative relief in it. Grounds not raised in time are waived.

If the request succeeds, the court may allow an amended pleading and set a date for it, or dismiss without leave to amend. It may also dismiss where leave was given and the amendment was not made in time.

Frequently Asked Questions

On what grounds can I move to quash a family law petition?

Lack of legal capacity to sue; a prior judgment or another action pending between the same parties for the same cause; failure to meet the residence requirement of Family Code section 2320; or the statute of limitations in Family Code section 2211.

Can a default be entered while my motion to quash is pending?

No. If the respondent files a request for order to quash, no default may be entered, and the time to file a response is extended until 15 days after service of the order denying the request.

What if I miss the deadline?

The grounds are deemed waived if a request for order to quash is not filed within the time the rule allows.

Amendment History

Rule 5.63 amended effective July 1, 2016; adopted effective January 1, 2013.

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

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: motion to quash family law Californiaquash divorce petition residencedefault motion to quash family court