As in civil procedure, a bill of particulars is not intended to serve as a discovery device. The defendant is given notice of the offenses with which he or she is charged so that a defense may be prepared and the possibility of surprise or DOUBLE JEOPARDY avoided. It is submitted by the prosecution to the defendant, at the defendant's demand, to provide the facts alleged in the complaint or the indictment that related to the commission of the crime. In CRIMINAL LAW, a bill of particulars serves the same purpose. If, however, the information sought by such a motion is obtainable by use of discovery mechanisms, the motion will be denied. United States bill of particulars for forfeiture of property as to.
In federal courts the Federal Rules of Civil Procedure have replaced the use of a bill of particulars with a motion for a more definite statement. California (1) Andre Asheghian Find Andre Asheghian in Burbank, CA and get their. State codes of CIVIL PROCEDURE impose rules that govern the use of bills of particulars in civil actions brought in state court.
#Bill of particulars california trial#
It is not to be used as a discovery device to learn the evidence or strategy to be used at trial by the opposing party. A bill of particulars is neither a PLEADING nor proof of the facts it states, but, rather, an elucidation of a pleading. It also serves to expedite the orderly progress of judicial proceedings by reducing, if not eliminating, the need for the amendment of ambiguous or vague pleadings. Its function is to give the party who requests it knowledge of what the opposing party has alleged in order to protect the party requesting the bill from surprise and in order to establish the real issues of the action.
A bill can be submitted either voluntarily or pursuant to a court order for compliance with the demand. Although usually requested by a defendant, it can be demanded by a plaintiff if the defendant makes a counterclaim for a setoff or asserts a defense against him or her. I am writing in regards to your demand for a Bill of Particulars.In civil actions a bill of particulars is a written demand for the specifics of why an action at law was brought. Pursuant to California law, we believe your request is inapplicable for the account stated pled in the subject complaint. This is the very first Summon I received: As a result, please be advised that we will not provide a response accordingly.Ĭan’t I send BOP to them? Please check the following letter they sent to me.They also sent me Request for Admissions, Interrogatories, and Request for Production of Documents, but I don’t think it is relevant to this BOP, so, I didn’t post them here. I am going to send them Confer and Meet letter, here is the draft: SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES-LIMITED JURISDICTIONįIRST CAUSE OF ACTION (Breach of Contract) On May 23, 2012, Defendant sent to Plaintiff a request for a Bill of Particulars pursuant to CCP 454.
On May 24, 2012, Plaintiff responded to Defendant’s demand for Bill of Particulars by contending that a Bill of particulars is inapplicable to plaintiff’s causes of action.Īs a preliminary matter, plaintiff’s objection to Defendant’s Bill of Particulars is not well taken. Plaintiff has alleged a cause of action for breach of contract. A Bill of Particulars is appropriate under this legal theory as plaintiff concedes in ultimately responding. 2d 657, 677 (“Section 454 has received a fairly broad interpretation and has been construed to cover almost any kind of contract action for a money claim made up of more than one item.”). The response served, however is not sufficient. Plaintiff has not provided an itemization of the account showing all charges and credits thereto. It has not provided the underlying contract referred to in the complaint. Nor has it provided any contract of assignment of the claim at issue in this litigation. Such basic information is required to prove plaintiff’s claim. Plaintiff should have such information readily at hand.
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