The New York Demand For Bill of Particulars is a legal document used in the civil court system of New York State. It is a formal request for a more specific statement from the defendant in a civil lawsuit. The Demand For Bill of Particulars identifies the facts and circumstances in the complaint that the plaintiff needs from the defendant in order to proceed with the case. It also requires the defendant to provide a more detailed response to the plaintiff's claims. The Demand For Bill of Particulars is usually used when the complaint is vague or incomplete, and the plaintiff wants to obtain more information from the defendant. It is also used to avoid surprises during trial, as the defendant is required to answer the questions posed in the Demand For Bill of Particulars in order to provide the plaintiff with the specific facts and circumstances needed to prove their case. There are two types of New York Demand For Bill of Particulars: an Interrogatory Demand and a Documentary Demand. An Interrogatory Demand is a set of questions posed by the plaintiff to the defendant to obtain specific information or facts. A Documentary Demand requires the defendant to provide documents or other tangible items that are relevant to the case.
New York Demand For Bill of Particulars
Description Bill Of Particulars Ny
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FAQ
In New York, a Bill of Particulars is a pleading that is substantively equivalent to responses to interrogatories and typically details in specificity a plaintiff's injuries, the defendant's alleged misconduct, and the specific statutes and/or code violations that the defendant is alleged to have violated.
A Demand for a Bill of Particulars is ?a list of written questions from one party to another asking for details (particulars) about a claim or defense.? While it is not technically considered discovery, a Demand for a Bill of Particulars can be used to get information regarding a claim or defense.
(a) ?Bill of particulars? is a written statement by the presentment agency specifying, as required by this section, items of factual information which are not recited in the petition and which pertain to the offense charged and including the substance of each respondent's conduct encompassed by the charge which the
CPLR 3042 governs the procedure for obtaining a bill of par- ticulars. If a request properly made under this section is not com- pliea with, the court is empowered by subdivision (c) to preclude the delinquent party from giving evidence at the trial as to the items for which the particulars were requested.
Section 725 ILCS 5/114-2 - Motion for a bill of particulars (a) A written motion for a bill of particulars shall be filed before or within a reasonable time after arraignment and shall specify the particulars of the offense necessary to enable the defendant to prepare his defense.
?While modern discovery devices may serve the same purpose as a bill of particular, it should be noted the primary purpose of discovery is the production of evidence for use at trial while that of a bill of particulars is to amplify the complaint 'in order to make it easier for the defendant to prepare his pleading.?
A party may serve a supplemental bill of particulars with respect to claims of continuing special damages and disabilities without leave of court at any time, but not less than thirty days prior to trial.
A bill of particulars is defined as a written itemization of claims in a lawsuit that the defendant may demand of the plaintiff in some situations in order to clarify the details of the claims.