NEW YORK BILL OF PARTICULAR PLEADING TRIAL

Note that a “motion for a bill of particulars” is different from the “bill of particulars” itself. It is filed before filing a response to the pleading alleged to be ambiguous or vague. Ī motion for a bill of particulars is the remedy for perceived ambiguity or vagueness of a pleading such as a complaint. 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 10 calendar days from service thereof. īefore 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/her properly to prepare his/her responsive pleading. The phrase “to enable him/her properly to prepare his/her responsive pleading' in Section 1 of Rule 12 does not imply only the opportunity to properly prepare a responsive pleading but also, and more importantly, the chance to prepare an intelligent answer. Also it is not the office or function, or a proper object, of a bill of particulars to set forth the pleader's theory of his/her cause of action or a rule of evidence on which s/he intends to rely, or to furnish evidentiary information whether such information consists of evidence which the pleader proposes to introduce or of facts which constitute a defense or offset for the other party or which will enable the opposite party to establish an affirmative defense not yet pleaded. It is not the office of a bill of particulars to supply material allegations necessary to the validity of a pleading, or to change a cause of action or defense stated in the pleading, or to state a cause of action or defense other than the one originally or earlier stated. A general function or purpose of a bill of particulars is to prevent injustice or do justice in the case when that cannot be accomplished without the aid of such a bill.

It has also been stated that it is the function or purpose of a bill of particulars to define, clarify, particularize, and limit or circumscribe the issues in the case, to expedite the trial, and assist the court.

NEW YORK BILL OF PARTICULAR PLEADING TRIAL

It is the office or function, as well as the object or purpose, of a bill of particulars to amplify or limit a pleading, specify more minutely and particularly a claim or defense set up and pleaded in general terms, give information not contained in the pleading to the opposite party and the court as to the precise nature, character, scope, and extent of the cause of action or defense relied upon by the pleader, and apprise the opposite party of the case which s/he has to meet, to the end that the proof at the trial may be limited to the matters specified, and in order that surprise at, and needless preparation for, the trial may be avoided, and that the opposite party may be aided in framing his/her answering pleading and preparing for trial. 'Law on Legal and Court Processes: A Rule-by-Rule Exposition.' Published by Project Jurisprudence - Philippines. To cite this online book, please use the following:ĭela Peña.

New york bill of particular pleading