![]() ![]() When you receive a request for a bill of particulars, you should first read it over very carefully and then read your complaint or petition. If a bill of particulars does not explain enough of the case to support the lawsuit, then the other party might be able to file a motion to dismiss the claim. Once you know what the other side is trying to prove to the judge, you can better prepare for depositions or trial. ![]() This way, the parties can start to understand what the other side’s “theory of the case” will be – in other words, what the party is trying to prove to the judge so that s/he can get the outcome and the relief s/he is looking for. If there is a complaint filed by one party and a counter-complaint filed by the other party, both parties may request a bill of particulars against each other. Usually, requests for bill of particulars are sent out before depositions happen, and before other forms of discovery, so that the other party has a more complete sense of the allegations against him/her. In other words, a bill of particulars is a discovery tool that can be used by a respondent to figure out what the other party is claiming happened. 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 defend him/herself in the case. 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.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. ![]() 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. 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. 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. 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. A written statement used in both civil and criminal actions that is submitted by a plaintiff or a prosecutor at the request of a defendant, giving the defendant detailed information concerning the claims or charges made against him or her. ![]()
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