Virginia Sample Letter regarding Bill
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FAQ
. Rule - Bills of Particulars (a)Timing and Grounds. 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.
This week's legal term of the week is ?Bill of Particulars.? A bill of particulars is a written statement giving details of a lawsuit filed in a General District Court. It's a more complete explanation of why the person filing the lawsuit, called the plaintiff, should get the money or property being requested.
Furthermore, a Bill of Particulars differs from an interrogatory or other discovery request because if the plaintiff's response to the Bill of Particulars is too general or defective, the responding party can be precluded from proving the debt owed. See Cal. Prac.
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. See e.g., United States v. Davis 139 S.
Five days' notice is required to the opposing party and the court. Motions may be typed by either party, may be filed on the General Notice and Motion Form or may be filed on one of the appropriate forms provided by the Supreme Court of Virginia (located here).
Unlike interrogatories and deposition responses where contradictory evidence can be admitted by the plaintiff, the Bill of Particulars is conclusive as to the items and amounts claimed and no other evidence is admissible at trial.
