4/11/2024 0 Comments Il sample for bill of particularsA bill of particulars becomes part of the pleading for which it is intended. Any party may require any other party to give a bill of particulars of such party’s claim, or a copy of the items of the account alleged in a pleading. After service of the bill of particulars or of a more definite pleading, or after notice of denial of his or her motion, the moving party may file his or her responsive pleading within the period to which he or she was entitled at the time of filing his or her motion, which shall not be less than five (5) calendar days in any event. The bill of particulars is designed (i) to inform the defendant of the specific nature of the charges where necessary to prepare a complete defense (ii) to prevent or minimize the possibility of a prejudicial surprise at trial and (iii) to protect against double jeopardy prosecutions.263. Stay of period to file responsive pleading. If the order is not obeyed, or in case of insufficient compliance therewith, the court may order the striking out of the pleading or the portions thereof to which the order was directed, or make such other order as it deems just. The bill of particulars or a more definite statement ordered by the court may be filed either in a separate or in an amended pleading, serving a copy thereof on the adverse party. If the motion is granted, either in whole or in part, the compliance therewith must be effected within ten (10) calendar days from notice of the order, unless a different period is fixed by the court. Upon the filing of the motion, the clerk of court must immediately bring it to the attention of the court, which may either deny or grant it outright, or allow the parties the opportunity to be heard. A Supplemental Bill of Particulars is appropriately served when it simply expounds on previously disclosed injuries or previously disclosed damages resulting from an accident. Such motion shall point out the defects complained of, the paragraphs wherein they are contained, and the details desired. If the pleading is a reply, the motion must be filed within ten (10) calendar days from service thereof. Before responding to a pleading, a party may move for a definite statement or for a bill of particulars of any matter, which is not averred with sufficient definiteness or particularity, to enable him or her properly to prepare his or her responsive pleading. On motion made promptly, a bill of particulars may be ordered to amplify any pleading that does not provide notice of a claim or defense adequate to permit the adversary a fair opportunity to respond or prepare the case.
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