![]() ![]() State codes of Criminal Procedure and the Federal Rules of Criminal Procedure regulate the use of bills of particulars in criminal prosecutions in their respective courts. As in civil procedure, a bill of particulars is not intended to serve as a discovery device. The defendant is given notice of the offenses with which he or she is charged so that a defense may be prepared and the possibility of surprise or Double Jeopardy avoided. The court, on its own motion or on motion of the defendant, may require the district attorney to furnish a bill of particulars setting forth more specifically the nature and cause of the. It is submitted by the prosecution to the defendant, at the defendant’s demand, to provide the facts alleged in the complaint or the indictment that related to the commission of the crime. A motion for a bill of particulars may be filed of right in accordance with Article 521. In Criminal Law, a bill of particulars serves the same purpose. If, however, the information sought by such a motion is obtainable by use of discovery mechanisms, the motion will be denied. In federal courts the Federal Rules of Civil Procedure have replaced the use of a bill of particulars with a motion for a more definite statement. State codes of Civil Procedure impose rules that govern the use of bills of particulars in civil actions brought in state court. On Janua DEMAND FOR BILL OF PARTICULARS - Demand for a Verified Bill of Particulars was filed involving a dispute between State Farm Fire & Casualty Company A S O Vignesh Aier, and 6Th Avenue Construction & Consultants, Inc. It is not to be used as a discovery device to learn the evidence or strategy to be used at trial by the opposing party. A bill of particulars is neither a Pleading nor proof of the facts it states, but, rather, an elucidation of a pleading. It also serves to expedite the orderly progress of judicial proceedings by reducing, if not eliminating, the need for the amendment of ambiguous or vague pleadings. Its function is to give the party who requests it knowledge of what the opposing party has alleged in order to protect the party requesting the bill from surprise and in order to establish the real issues of the action. A bill can be submitted either voluntarily or pursuant to a court order for compliance with the demand. Although usually requested by a defendant, it can be demanded by a plaintiff if the defendant makes a counterclaim for a setoff or asserts a defense against him or her. ![]() In civil actions a bill of particulars is a written demand for the specifics of why an action at law was brought. In case of an indictable offense, it is also called a bill of indictment.īill of particulars: factual detail submitted by a claimant after a request by the adverse party which details, clarifies or explains further the charges and/or facts alleged in a pleading. In all actions in which the plaintiff declares generally, without specifying his cause of action, a judge upon application will order him to give the defendant a bill of the particulars, and in the meantime stay proceedings. In litigation, written statement describing details of the charges laid against a defendant, and given to him or her by the plaintiff or prosecutor. BILL OF PARTICULARS - A detailed informal statement of a plaintiffs cause of action, or of the defendantss set-off.
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