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Advantages of a demand for a bill of particulars in California. A demand for a bill of particulars enables any defendant who has been sued on an account such as common counts or certain actions in contract or quasi-contract to force plaintiff to itemize the account on which the complaint is based.
Surreply (plural surreplies) (law) An additional reply to a motion filed after the motion has already been fully briefed.
In General. 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. Although a Bill of Particulars technically is not discovery, it can be used to get information about a claim or defense.
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 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.
Bills of particulars are meant to amplify the pleadings, limit the issues in a case, and prevent surprise. Interrogatories are meant to elicit evidence for trial. Interrogatories are written questions that one party draws up and serves on another party.
CPLR 3211(a)(1) allows a defendant to move for judgment dismissing one or more causes of action asserted against him on the ground that . . . a defense is founded upon documentary evidence. The CPLR does not define the phrase documentary evidence. Commentators on the CPLR have attempted to fill the void by offering
What is a Demand for Bill of Particulars? The Demand for a Bill of Particulars presumes that the plaintiff suing has a book or contemporaneous ledger or an account to support any charges when the complaint was filed and provides a court process to require that it be presented upon demand.
Any party may file the note of issue after issue is joined, but the plaintiff typically files it. The note of issue must be accompanied by a certificate of readiness and conform to the requirements of 22 NYCRR § 202.21.
A bill of particulars is filed to make the allegations more specific. It is filed if a defendant in a criminal case believes he is not sufficiently informed of the crime with which he is charged and is not in a position to defend himself properly and adequately.