![]() ![]() ![]() Court staff can provide all litigants with procedural information. Court Staff cannot act as your counsel, provide legal advice or suggestions. ![]() Persons seeking to research the law may find it helpful to visit the Law Library located on the 6th floor of this building. Additionally it must be noted that all persons choosing to act as their own counsel should research the law prior to commencing a proceeding or submitting an answer. Please be advised that the forms detailed below are intended to be a guide and as such do not address every possible situation. State codes of Criminal Procedure and the Federal Rules of Criminal Procedure regulate the use of bills of particulars in criminal prosecutions in their respective courts.In consideration of the increased number of individuals representing themselves in legal matters the court has placed the most commonly used forms on line as a resource. 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. Thus, where the motion for bill of particulars is directed to a complaint, the motion should be filed within fifteen (15) days after service of summons. The period to file a motion refers to the period for filing the responsive pleading in Rule 11. In Criminal Law, a bill of particulars serves the same purpose. A motion for a bill of particulars is to be filed before responding to a pleading (Sec. ![]() If, however, the information sought by such a motion is obtainable by use of discovery mechanisms, the motion will be denied. 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. State codes of Civil Procedure impose rules that govern the use of bills of particulars in civil actions brought in state court. 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. has provided the information called for in some other satisfactory form. 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. This motion for a bill of particulars was denied by the trial court as was. 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. The court, on motion, may order the prosecutor to provide the defendant a bill of particulars describing the essential facts of the alleged offense. In civil actions a bill of particulars is a written demand for the specifics of why an action at law was brought. A written statement used in both civil and criminal actions that is submitted by a plaintiff or a prosecutor at the request of a defendant, giving the defendant detailed information concerning the claims or charges made against him or her. ![]()
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