![]() Since a bill of particulars is not a disclosure device but a means of amplifying a pleading, the present dispute over the contents of the plaintiffs' amended bills of particulars is not part of any disclosure procedure that CPLR 3104 authorizes a referee to supervise. We reverse.Īlthough the defendants are correct that the plaintiffs raise for the first time on appeal the contention that the J.H.O./Referee lacked authority under CPLR 3104 to issue the order dated May 2, 2017, this contention may be reached since it involves a question of law that is apparent on the face of the record and could not have been avoided by the Supreme Court if it had been brought to its attention. In the order appealed from, the Supreme Court denied the plaintiffs' motion to vacate. Thereafter, the plaintiffs moved to vacate that order. 03450, holding that a bill of particulars is not a discovery device, explaining:īy order dated May 2, 2017, a J.H.O./Referee granted the separate motions of the defendants New York Community Hospital and Hassan Farhat, the defendants Metropolitan Jewish Home Care, Inc., Metropolitan Jewish Health System, Home First, Inc., and Beth Israel Medical Center, and the defendants Yury Zamdborg and Ilya Bilik, inter alia, to strike the complaint insofar as asserted against each of them on the ground that the amended bills of particulars served by the plaintiffs in response to the defendants' motions failed to comply with multiple prior court orders directing the plaintiffs to provide the defendants with supplemental or amended bills of particulars. New York Community Hosp., 2021 NY Slip Op. On June 2, 2021, the Second Department issued a decision in Kramarenko v. The closest modern equivalent, though rarely used, is the motion for more definite statement.Categories Commercial, Discovery/Disclosure Bill of Particulars Not a Discovery Device A bill of particulars, however, once submitted, confines the pleader to any causes of action or defenses in the bill. It has been observed, however, that the motion for a bill of particulars may have strategic advantages over a § 2-615 motion, because the latter, even where successful, usually results in the plaintiff being given an opportunity to refile. In Illinois, for instance, it is more common for defendants to file a motion to dismiss under the Illinois Code of Civil Procedure § 2–615, claiming the pleaded facts to be insufficient to support the causes of action alleged. states, like New York, Illinois, California (CCP 454), and Virginia, use the bill of particulars, and even there motions for a bill of particulars may be disfavored or disused. state law, the bill of particulars was abolished in nearly all court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through the discovery process. The Federal Rules of Criminal Procedure provide in rule 7(f) that "the court may direct the government to file a bill of particulars". In civil cases, a bill of particulars is a pleading, which "amplifies" the complaint, but can also act as a discovery device or tool. An insufficient response to a request for a bill of particulars may be grounds for dismissal of the claim, or other sanctions against the responding party. ![]() ![]() It is not entirely clear whether this can be done in practice in Britain on the Allocation questionnaire. It is rarely used in American small claims cases. In a civil action such as a tort or breach of contract case, either attorney or party can request it. This request may be part of an omnibus motion, motion in limine, or similar motion. However, prosecuting attorneys cannot request the same of the defense. In criminal law, defense attorneys may file a motion requesting a bill of particulars from prosecuting attorneys. A bill of particulars may be used in either criminal defense or in civil litigation. In common law jurisdictions, a bill of particulars is a detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant's formal request to the court for more detailed information. JSTOR ( August 2016) ( Learn how and when to remove this template message).Unsourced material may be challenged and removed.įind sources: "Bill of particulars" – news Please help improve this article by adding citations to reliable sources. This article needs additional citations for verification.
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