The closest modern equivalent, though rarely used, is the motion for a more definite statement. states, like New York, Illinois and Virginia, use the bill of particulars. court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through the discovery process. The bill of particulars was abolished in nearly all U.S. In civil cases, a bill of particulars is a pleading, which "amplifies" the complaint, but can also act as a discovery device or tool.
v.) Particulars of breaches and objections. The details of a claim, or the separate items of an account When these are stated in an orderly form, for the information of a defendant, the statement is called a bill of particulars, (q. An insufficient response to a request for a bill of particulars may be grounds for dismissal of the claim, or other sanctions against the responding party. Law Dictionary & Black's Law Dictionary 2nd Ed.
It is not entirely clear whether this can be done in practice in Britain on the Allocation questionnaire. The respondent in a lawsuit might request a bill of particulars if the complaint has general allegations without getting into the specific details that would be necessary for the respondent to properly. It is rarely used in American small claims cases. A bill of particulars is a written document in which a party has to explain the allegations in his/her complaint, or petition, in more detail. In a civil action such as a tort or breach of contract case, either attorney or party can request it. The items of which the accounts of one of the parties is composed, and which are frequently furnished to the opposite party in a bill of particulars. This request may be part of an omnibus motion, motion in limine, or similar motion.
However, prosecuting attorneys cannot request the same of the defense. In criminal law, defense attorneys may file a motion requesting a bill of particulars from prosecuting attorneys. A bill of particulars may be used in either criminal defense or in civil litigation. In law, a bill of particulars is a detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant's formal request to the court for more detailed information. Freebase (0.00 / 0 votes) Rate this definition:
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