Rule 5.74.Pleadings and amended pleadings

Division 1. Family Rules · Chapter 4. Starting and Responding to a Family Law Case; Service of Papers · Article 5. Pleadings and Amended Pleadings · Last amended 2014 · Last verified September 10, 2026

In one sentenceRule 5.74 defines the family law pleadings, bars demurrers and summary judgment motions from family law actions, and governs amendments.

Full Text of Rule 5.74

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

(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.

(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.

End

Plain-English Summary

The definitions do more than tidy vocabulary. A “pleading” is broad — petition, complaint, application, objection, answer, response, notice, request for orders, statement of interest, report, or account. Then three terms are kept distinct: an amended pleading completely restates and supersedes what it amends; an amendment to a pleading alleges materially different facts or relief and is read together with the pleading it modifies rather than replacing it; and a supplement adds or corrects without changing the facts or relief materially.

Subdivision (b) contains the provision practitioners most need to know: demurrers, motions for summary adjudication, and motions for summary judgment must not be used in family law actions. The forms of pleading and the test of their sufficiency are solely what these rules prescribe.

Amendments otherwise follow general civil practice, with two family law adjustments: the petitioner need not file a reply where the respondent has filed a response, and once both parties have filed initial pleadings, no default may be entered on an amended pleading of either party.

Frequently Asked Questions

Can you file a demurrer in a California family law case?

No. Rule 5.74(b)(2) states that demurrers, motions for summary adjudication, and motions for summary judgment must not be used in family law actions.

What is the difference between an amended pleading and an amendment to a pleading?

An amended pleading completely restates and supersedes the one it amends. An amendment to a pleading alleges materially different facts or relief but does not supersede — it is read together with the pleading it modifies.

Can a default be entered against me on an amended pleading?

Not once both parties have filed initial pleadings. Where a petition and a response are both on file, no default may be entered on an amended pleading of either party.

Amendment History

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

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

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

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