(5) If actual notice is claimed, a statement of when and to whom it was given (4) Where notice of a condition is a prerequisite, whether actual or constructive notice is claimed (3) General statement of the acts or omissions constituting the negligence claimed (1) The date and approximate time of day of the occurrence In actions to recover for personal injuries the following particulars may be required: Bill of particulars in personal injury actions. So the next time you get a BOP Demand that goes outside these 9 areas of inquiry, you can reply: Improper Demand, beyond the scope of CPLR §3043.īelow I have pasted CPLR §3043 for your convenience in reviewing this statute: I think alot of this may be due to the fact that some plaintiff’s lawyers haven’t bothered to read CPLR §3043 which specifies just 9 areas of inquiry in a NY personal injury action. I have noticed a recent trend with defense lawyers asking more and more BOP questions that are clearly objectionable. My advice is that you review the BOP demands carefully and ONLY answer those BOP demands that are appropriate and OBJECT to any BOP demands that are inappropriate. However, because a BOP Response is a pleading and responses are admissible at trial, you don’t want to answer any more questions than are legally required. Accordingly, for those questions you are required to answer, it is important that your answers be as complete as possible.
#Bill of particulars cplr trial#
Necessary because we are required to do it and evil because a trial judge will generally limit your proof at trial to your answers to the defendant’s demand. The closest modern equivalent, though rarely used, is the motion for more definite statement.For my fellow NY accident attorney readers, we all know that answering the defense lawyer’s Demand for Bill of Particulars is a necessary evil. 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.
#Bill of particulars cplr code#
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.
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