A New York Demand for a Bill of Particulars (#2) is a legal document that is used in civil litigation to request a more detailed description of the plaintiff's cause of action. The document is typically used when the plaintiff's initial complaint does not provide enough information to allow the defendant to determine the nature of the claim. The Demand for a Bill of Particulars (#2) requires the plaintiff to provide a more specific description of the facts and circumstances giving rise to the claim, including the date and time of the alleged occurrence, the parties involved, the amount of damages claimed, and any other facts that may be relevant to the case. The two main types of New York Demand for a Bill of Particulars (#2) are a Demand for a Bill of Particulars in an Amended Complaint and a Demand for a Bill of Particulars in an Original Complaint. The Demand for a Bill of Particulars in an Amended Complaint requests more information to supplement the amended complaint that was filed by the plaintiff. The Demand for a Bill of Particulars in an Original Complaint requests more information to supplement the original complaint that was filed by the plaintiff.
New York Demand for Bill of Particulars (#2)
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FAQ
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.
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.
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.
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.
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.
CPLR 3024(b) provides that a party may move to strike scandalous or prejudicial matter unnecessarily inserted in a pleading, and 3024(c) states that notice of such a motion "shall be served within twenty days after service of the challenged pleading." Notwithstanding the mandatory language of this section,63 the
The process of demanding and receiving a bill of particulars is governed by CPLR 3042. The party seeking the bill of particulars first serves a written demand on the opposing party, stating the items for which particularization is sought (CPLR 3042a).