Bill of Particulars

This is a discussion on Bill of Particulars within the Law Wiki forum, part of the Create Wiki Article category; A written statement used in both civil and criminal actions that is submitted by a plaintiff or a prosecutor at ...

Consult Your Own Personal Lawyer Now!
Reply

 

Article Tools Search this Article Rate Article Display Modes
  #1  

Default Bill of Particulars

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.

In civil actions a bill of particulars is a written demand for the specifics of why an action at law was brought. 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. A bill can be submitted either voluntarily or pursuant to a court order for compliance with the demand. 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. 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. A bill of particu- lars is neither a pleading nor proof of the facts it states, but, rather, an elucidation of a pleading. 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.

State codes of civil procedure impose rules that govern the use of bills of particulars in civil actions brought in state court. 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. If, however, the information sought by such a motion is obtainable by use of discovery mechanisms, the motion will be denied.

In criminal law, a bill of particulars serves the same purpose. 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. 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. As in civil procedure, a bill of particulars is not intended to serve as a discovery device.

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.



How to Update Wiki

The Law Wiki is still very new and so it's a great time to jump in and start updating it and learning how to use it. You really can't mess anything up, because all revisions are stored and can be rolled back by a moderator, so play away and you can help make this a great resource for WORLDLawDirect visitors.


Contributors: top_admin, sandra, wld_wiki
Created by sandra, May 13th, 2008 at 09:50 AM
Last edited by top_admin, May 15th, 2008 at 07:21 AM
0 Comments , 890 Views
Reply

Bookmark & Share



Article Tools Search this Article
Search this Article:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
ER Visit Bill CDJ Other Healthcare Law Issues 0 Sep 4th, 2008 01:30 AM
bill collectors hawks Debt Collection 2 Aug 31st, 2008 09:05 AM
no true bill MISSissippi Law Trials & Sentencing 1 Feb 25th, 2008 10:57 AM
New medical bill 13 months after fully paying bill. Ron Debt Collection 1 Feb 15th, 2008 08:04 AM
Hospital Bill Unregistered Debt Collection 1 Jun 1st, 2007 10:37 AM


Doing business in China? Need legal help or advice? Contact our international and Chinese lawyers 24 hours! WORLD Law Direct offers an experienced team of American and Chinese legal professionals.


All times are GMT -5. The time now is 08:56 PM.